Ex     LlBRIS 

Frank  A.Vanderlip 


Whle  patient  Nature,  brooding  in  content 
O'er  vast  reserves  of  silence,  shapes  the  plan 
Of  work  for  Aeons  of  Accomplishment, 
What  restlessness  attends  th'  affairs  of  Man! 
Yet  even  here,  hardonthe  noisy  mart, 
Sacred  the  silence  of  the  shelves  shall  be 
To  silence-garnere  d  thoughts,  a  world  apart, 
Like  the  unbounded  stretches  ofthe  sea. 


Digitized  by  the  Internet  Archive 

in  2007  with  funding  from 

Microsoft  Corporation 


http://www.archive.org/details/dethronementofciOOhamiiala 


THE  DETHRONEMENT 
OF  THE   CITY  BOSS 


THE  DETHRONEMENT 
OF  THE  CITY  BOSS 


Being  a  Study  of  the  Commission  Plan  as  begun  in  Gal- 
veston, developed  and  extended  in  Des  Moines, 
and  already  taken  up  by  many  other 
cities,  East  and  West 


BY 

JOHN  J.  HAMILTON 

Second  Edition 


FUNK   &  WAGNALLS   COMPANY 

NEW  YORK  AND  LONDON 

1910 


Copyright  igio  by 

FUNK  &  WAGNALLS  COMPANY 

{Printed  in  the  United  States  of  AmerictH 

Published  May,  igio 


LI3RARY 

UNIVERSITY  01-  CALIFORNIA 

SANTA  BARBARA 


To  my  old  friend 
James  G.  Berryhill 


CONTENTS 

PAGE 

Preface     9 

CHAPTER 

I — City  Government  by  Commission  a  New  An- 
chorage for  Democracy 15 

II — Pertinent  Facts  about  Des  Moines  .  .  .26 
III — General  View  of  the  New  Plan  .  .  .33 
IV — The  Ward  System  Abolished      .        .       .        .40 

V — Partizanship  Eliminated 50 

VI — Direct  and  Undivided  Responsibility  Assured  .    58 
VII — Popular  Supremacy  Reestablished     .       .        .65 
VIII — Publicity  Guaranteed  by  Law     .        .       .        -73 
IX — The  Merit  System   Extended  and   Strength- 
ened          80 

X — Franchises  Safeguarded 86 

XI — Causes  of  Corruption  Removed     .       .       .       .92 

XII — The  Plan  in  Operation 98 

XIII — How  and  Why  Success  was  Won       .       .       .  103 
XIV — The  Plan  Adopted  at  Cedar  Rapids    .        .       .111 
XV — The  Initiative  of  the  Iowa  State  Bar  Asso- 
ciation     125 

XVI — Some  Fundamental  Objections  Answered       .  139 
[7] 


CONTENTS 

CHAPTER  PA6B 

XVII — Interesting  Modifications  of  the  Galveston- 

Des  Moines  Plan 147 

XVIII — Two  Practical  Tests  of  the  Double  Election 

Plan 158 

XIX — Results  of  the  New  System  in  Five  Typical 

Cities 169 

Appendices  : 

A — Text  of  the  Des  Moines  Charter       .       .       .  185 
B — The  Recall  Provision  Amended    ....  218 
C — Ordinance  under  which  the  First  Administra- 
tion was  Organized 220 

D — The  Charter  Defeated  in  19x16.    (Full  Text)  .  231 

E — The  Plan  Upheld  by  the  Courts  ....  249 

Index 275 


[81 


PREFACE 

What  is  now  becoming  generally  known  throughout 
the  country  as  the  Des  Moines  plan  of  municipal  gov- 
ernment is  at  once  a  combination  of  the  approved  fea- 
tures of  all  the  best  American  city  charters  of  recent 
origin  and  the  concrete  result  of  one  American  city's 
earnest  efforts,  covering  more  than  half  a  century,  to 
work  out  the  problems  of  its  own  administration.  The 
form  of  government  by  commission  was  frankly  appro- 
priated from  the  charter  of  Galveston.  The  provision 
for  the  recall  of  unsatisfactory  officials  was  borrowed 
from  Los  Angeles.  The  broader  referendum  was  an 
enlargement  of  a  right  long  possest  by  all  cities  un- 
der an  Iowa  statute.  The  initiative  was  also  an  existing 
right,  which,  together  with  the  protest,  was  adopted  as 
a  result  of  both  general  and  local  discussion.  The  char- 
ter of  the  city  of  Dallas,  Texas,  perhaps  most  di- 
rectly suggested  the  referendum  and  initiative.  The 
elimination  of  partizanship  from  city  elections  was 
effected  locally,  but  unquestionably  because  of  con- 
victions nurtured  in  several  decades  of  nation-wide 
agitation  of  the  question.  The  unqualified  establish- 
ment of  the  merit  system  was  an  evolution  from  a  less 

[91 


PREFACE 

thorough  but  excellent  plan  already  in  operation.  The 
double  election  was  original  as  a  feature  of  municipal 
practise,  but  had  many  precedents  to  suggest  and 
justify  it.  The  provisions  for  purity  of  elections  and 
administration,  for  publicity  and  for  the  safeguarding 
of  franchises  gave  effect  to  local  demands  due,  in  part 
at  least,  to  discussion  which  had  long  been  going  on 
in  every  part  of  the  country.  The  abolition  of  the 
ward  system  was  incidental  to  the  adoption  of  the  com- 
mission plan,  being  inherent  in  it. 

In  a  word,  the  Des  Moines  charter  can  claim  no 
other  originality  than  could  justly  be  predicated  of  the 
Constitution  of  the  United  States,  which  was  a  re- 
casting into  a  form  essentially  new  of  the  funda- 
mental laws  of  England,  as  modified  by  colonial  ex- 
perience. Its  greatest  merit  lies  in  the  fact  that  more 
than  fifty  years  of  local  experience  was  wrought  into 
it,  and  that  it  passed  through  an  ordeal,  during  its 
formation,  which  made  it  an  adequate  expression  of 
the  popular  will,  and  the  only  one  which  could  have 
found  acceptance.  It  is,  indeed,  highly  probable  that, 
had  any  one  of  the  half  dozen  essential  elements  of  the 
plan  been  omitted,  it  would  have  been  rejected  by  an 
electorate  educated  by  two  years  of  intense  agitation 
and  earnest  debate  to  know  just  what  it  wanted.  The 
ideals  thus  enforced  were,  however,  the  joint  crea- 
[10] 


PREFACE 

tion  of  a  local  constituency  stimulated  to  unusual 
activity  and  an  American  public  which  for  twenty 
years  has  given  much  of  its  best  thought  to  the  prob- 
lem of  securing  good  city  government  under  demo- 
cratic auspices. 

Des  Moines  was  peculiarly  fitted,  by  its  central 
location,  its  medium  size  and  its  typical  character  as 
an  American  community  to  solve  this  problem  for  the 
country.  It  could,  in  a  way,  draw  upon  the  experi- 
ence of  the  entire  civilized  world  through  the  medium 
of  its  own  citizenship.  It  numbers  among  its  in- 
habitants natives  of  every  county  in  Iowa,  every 
state  in  the  union,  every  country  in  Europe  and  every 
other  quarter  of  the  globe;  and  the  travels,  reading 
and  studies  of  its  nearly  one  hundred  thousand  people 
have  covered  every  part  of  the  world  and  embraced 
the  full  range  of  ordinary  observation  and  experience. 
It  is  the  seat  of  a  university  and  several  other  strong 
institutions  of  learning;  and  its  newspapers  are  con- 
ducted by  able,  conscientious  and  public-spirited  men, 
catering  to  large  and  very  intelligent  constituencies. 
Moreover,  no  small  part  of  its  ability  to  deal  with  the 
larger  problems  of  its  life  is  due  to  the  organization 
of  its  women  in  clubs  which  give  constant  and  seri- 
ous consideration  to  whatever  has  a  bearing  upon  the 
welfare  of  the  community. 

[II] 


PREFACE 

Just  what  scope  the  present  volume  should  take  has 
been  a  difficult  question  for  the  author  to  decide.  It 
would  have  been  interesting  to  trace  every  provision 
of  the  Des  Moines  charter  back  through  its  local  his- 
tory and  its  evolution  from  earlier  municipal  forms 
in  this  and  other  countries.  It  might,  too,  have 
served  a  useful  purpose  to  relate,  in  their  order,  the 
direct  and  conscious  efforts  of  the  city  to  frame  a 
new  charter,  to  obtain  legislative  permission  to  try 
the  experiment,  to  convince  doubters  and  objectors  of 
its  merits,  to  establish  its  constitutionality  by  judicial 
procedure,  to  secure  its  adoption  at  the  polls,  to  elect 
the  first  council  to  govern  the  city  under  its  provi- 
sions, and  to  apply  the  latter  under  the  conditions  of 
actual  administration. 

In  view,  however,  of  the  fact  that  the  plan  is  still 
a  novelty  in  American  municipal  affairs  and,  tho 
conspicuously  successful  in  Des  Moines  and  else- 
where so  far  as  tried,  still  an  experiment,  probably 
to  be  modified  as  it  meets  the  test  of  administration 
in  cities  of  different  sizes  and  varying  situations ;  and 
that  a  valuable  history  of  an  innovation  so  radical 
must  include  a  considerable  period  of  the  practical 
application  of  the  principles  involved,  it  has  been 
deemed  advisable  to  limit  this  volume  to  a  general 
statement  of  the  question  of  municipal  government 

[12] 


PREFACE 

by  commission  and  an  analysis  of  the  Des  Moines 
plan  and  a  presentation  of  its  most  essential  features. 
The  general  endeavor  of  the  writer  has  been  to  pre- 
sent the  merits  of  the  charter  affirmatively  rather 
than  in  the  form  of  answers  to  objections;  his  belief 
being  that  if  government  by  a  council  or  commission 
of  five  members  under  the  liberal  safeguards  pro- 
vided by  the  Des  Moines  charter  shall  continue  to 
bring  the  excellent  results  thus  far  recorded,  the 
statement  of  what  those  provisions  and  safeguards 
are,  of  the  reasons  for  their  adoption  and  of  the  re- 
sults actually  accomplished  will  be  the  best  possible 
answer  to  all  objections. 

The  literature  of  the  subject  is  already  large.  The 
Des  Moines  newspapers  for  the  past  four  years  have 
teemed  with  editorial  and  contributed  articles  for  and 
against  the  new  plan.  The  state  courts  of  Iowa,  in 
holding  the  charter  to  be  republican  in  form  and  es- 
sence and  open  to  no  constitutional  objections,  went 
deeply  into  the  political  and  legal  principles  involved. 
The  press  of  many  other  cities  has  accorded  generous 
space  to  discussion  of  the  merits  of  the  plan,  usually 
showing  an  intelligent  comprehension  of  its  value  as 
a  contribution  to  progress  in  this  department  of  public 
affairs.  The  leading  magazines  of  the  country  have 
not  failed  to  see  the  importance  of  an  advance  step 
[13] 


PREFACE 

in  the  government  of  American  cities,  and  have  pub- 
lished numerous  illuminating  articles  upon  the  sub- 
ject. To  these  original  sources  and  still  more  to  the 
cities  which  are  governed  and  their  affairs  admin- 
istered under  charters  in  the  Des  Moines  form,  spe- 
cial students  of  the  question  will  necessarily  repair 
until  the  time  shall  come  for  an  adequate  and  com- 
plete history  of  the  new  form  of  city  government. 
In  the  meantime,  it  is  hoped  that  this  statement  of 
what  the  Des  Moines  plan  is  and  its  most  important 
departures  from  the  prevailing  municipal  forms  may 
prove  valuable  to  those  who  desire  to  master  the  ele- 
ments of  the  problem. 


f*4] 


CITY   GOVERNMENT    BY    COMMISSION  A 
NEW  ANCHORAGE  FOR   DEMOCRACY 

Ten  years  ago  the  people  of  this  country  looked 
out  upon  the  future  in  profound  skepticism  as  to  the 
capacity  of  democracy  for  the  government  of  cities. 
For  two  decades  following  the  civil  war  our  urban 
population  grew  at  an  exceedingly  rapid  rate  and 
with  this  growth  came  evils  previously  almost  un- 
heard of  in  the  United  States — election  frauds,  brib- 
ery, betrayal  of  public  trusts,  bossism  and  every  form 
of  corruption  commonly  associated  with  what  is 
known  as  machine  politics.  There  were  occasional 
popular  uprisings  against  the  increasing  power  of 
the  notorious  ward  politicians  and  city  bosses  who 
enriched  themselves  and  their  favorites  by  traffick- 
ing in  franchises  and  municipal  legislation;  but  these 
efforts  were  sporadic  and  spasmodic,  and  were  al- 
most invariably  followed  by  reaction  and  the  rein- 
statement of  objectionable  politicians  in  power.  To 
the  consternation  of  old-fashioned  good  citizens, 
men   whose   corruption   had   been  proven  beyond   a 

[15] 


DETHRONEMENT   OF  THE   CITY   BOSS 

doubt  were  repeatedly  returned  to  city  councils  by 
constituencies  which  thus  convicted  themselves  of 
utter  selfishness,  base  disregard  of  the  public  inter- 
ests, and  callous  contempt  for  public  opinion.  The 
sinister  figure  of  the  municipal  boss  of  New  York, 
Philadelphia,  Chicago  or  Cincinnati  began  to  show 
itself  at  state  and  national  political  conventions  and 
"  deals  "  with  such  men  were  more  than  hinted  at  as 
recognized  parts  of  the  game  of  politics.  Good  citi- 
zens, foreseeing  that,  in  the  not  remote  future,  our 
great  cities  would  dominate  the  public  life  of  the 
nation,  felt  that  unless  the  problem  of  the  popular 
government  of  cities  were  solved  the  ultimate  sub- 
version of  the  republic  was  inevitable.  The  prover- 
bial optimism  of  the  American  people  sometimes  as- 
serted itself  in  the  faith  that  sometime,  somehow, 
the  country  would  find  a  way  to  surmount  the  ob- 
stacles before  it;  but  the  most  sanguine  confessed 
their  inability  to  point  it  out. 

As,  in  the  '8o's  and  '90's,  Dr.  Albert  Shaw  and 
other  publicists  investigated  and  reported  conditions 
in  European  cities,  demonstrating  beyond  cavil  our 
failure  to  measure  up  to  our  responsibilities,  the 
spirit  of  self-condemnation  in  this  country  became 
more  and  more  acute  and  gradually  ripened  into  a 
pessimism  bordering  on  national  cynicism.  At  the 
[16] 


CITY  GOVERNMENT   BY  COMMISSION 

same  time,  reform  movements  in  cities  became  more 
frequent  and  were,  for  brief  periods,  better  sup- 
ported; and  the  muck-raking  magazines,  to  which  the 
country  owes  so  much  and  in  so  many  ways,  while 
obliged  to  stigmatize  an  occasional  city  as  "  corrupt 
and  contented,"  were  able  to  name,  here  and  there,  a 
city  that  was  "  half  free  and  fighting  on."  Results, 
however,  were  pitifully  out  of  proportion  to  the  un- 
selfish and  often  heroic  endeavors  of  the  reformers. 

Then,  just  as  the  dawn  of  the  twentieth  century 
was  breaking,  one  American  city  half  stumbled  upon 
what  many  believe  to  be  the  solution  of  the  problem ; 
and  seven  years  later,  another  city,  in  another  sec- 
tion of  the  country,  beginning  where  its  sister  city 
left  off,  took  up  the  plan,  after  ample  demonstration 
of  its  success,  and  adapted  it,  by  a  few  radical 
changes,  to  generally  prevailing  conditions  in  Amer- 
ican municipalities.  Thus  the  Galveston  plan,  de- 
veloped into  the  Des  Moines  plan,  attracted  national 
attention  as  a  form  of  municipal  organization  prom- 
ising relief  from  conditions  which  had  become  well- 
nigh  unbearable. 

Never  was  a  political  innovation  more  heartily 
welcomed.    Sixty-seven  cities  *  have  already  followed 

*  So  rapidly  is  the  charter  movement  progressing  that  any 
list  of  cities  governed  by  commissions  soon  becomes  obsolete. 

[17] 


DETHRONEMENT   OF  THE   CITY   BOSS 

Des  Moines  and  Galveston  in  the  adoption  of  new  char- 
ters, most  of  which  provide  for  government  by  a 
commission  of  five  members,  elected  by  the  people; 
this  small  representative  body  electing  all  other  city 

At  this  writing  the  sixty-nine  cities  which  have  adopted  such 
charters  or,  like  Buffalo,  exprest  by  popular  vote  a  desire 
to  do  so,  are  as  follows : 

California — Berkeley  (modified),  Riverside,  San  Diego. 

Colorado — Colorado  Springs,  Grand  Junction. 

Idaho — Boise,  Lewiston. 

Iowa — Des  Moines,  Cedar  Rapids,  Keokuk,  Burlington, 
Sioux  City. 

Kansas — Kansas  City,  Coffeyville,  Leavenworth,  Wichita,  In- 
dependence, Anthony,  Topeka,  Hutchinson,  Pittsburg,  Abilene, 
Neodesha. 

Massachusetts — Haverhill,  Chelsea,  Boston  (radically  modi- 
fied). 

Mississippi — Jackson. 

Missouri — St.  Joseph. 

New  Mexico — Roswell. 

New  York — Buffalo,  Mt.  Vernon. 

North  Carolina — Charlotte. 

North  Dakota — Minot,  Bismarck,  Mandan. 

Oklahoma — Ardmore,  Enid,  Tulsa,  Miami. 

South   Carolina — Columbia. 

South  Dakota — Sioux  Falls,  Huron,  Rapid  City,  Vermillion, 
Pierre,  Dell  Rapids,  Mitchell,  Chamberlain. 

Tennessee — Etowah  (modified),  Memphis,  Bristol  (modi- 
fied), Clarksville    (modified),  Richard  City   (modified). 

Texas— Galveston,  Houston,  Palestine,  Waco,  Fort  Worth, 
Austin,  El  Paso,  Dallas,  Dennison,  San  Antonio,  Greenville, 
Sherman,  Beaumont,  Corpus  Christi,  Marshall. 

Washington — Tacoma. 

Wisconsin — Eau  Claire. 

[18] 


CITY  GOVERNMENT   BY   COMMISSION 

officers  and  serving  as  heads  of  five  administrative 
departments.  Scores  of  other  cities  are  agitating  the 
question  of  adopting  similar  charters,  many  of  them 
sending  committees  of  citizens  or  officials  to  Galves- 
ton or  Des  Moines  to  inquire  into  the  practical  work- 
ing of  the  new  system.  Twelve  states  have  enacted 
permissive  laws,  enabling  certain  classes  of  cities  to 
vote  upon  the  question  of  making  the  experiment, 
and  in  one,  the  state  of  Colorado,  two  cities  have 
taken  advantage  of  a  clause  in  the  state  constitution 
directly  authorizing  the  free  adoption  and  changing 
of  municipal  charters.  In  other  states,  conventions 
of  municipal  officials  are  calling  upon  their  legisla- 
tures to  pass  laws  opening  the  door  to  the  new  plan ; 
and  such  is  the  contagion  of  the  movement,  that  it 
has  almost  ceased  to  be  difficult  to  obtain  such  legis- 
lative sanction.  The  change  is  taking  on  the  aspects 
and  proportions  of  a  civic  revolution;  and  there  are 
those  who  believe  that  the  present  generation  will 
see  the  general  abandonment  of  the  mayor-and-coun- 
cil  type  of  municipal  government  with  which  the 
country  has  long  been  familiar. 

The  Galveston  plan  had  its  origin  in  the  great  flood 
of  1900,  a  calamity  which  prostrated  the  city  and 
necessitated  its  protection  for  a  time  by  the  military 
forces  of  the  state.     As  the  troops  were  withdrawn, 

[19] 


DETHRONEMENT  OF  THE   CITY   BOSS 

a  commission  of  representative  citizens  was  appointed 
by  the  governor  to  have  charge  of  the  rehabilitation 
of  the  stricken  city.  So  efficiently  did  these  gentle- 
men discharge  their  duties  that  a  return  to  the  inef- 
ficiency and  the  futile  wrangling  of  former  days  be- 
came almost  unthinkable.  Legislative  authority  was 
accordingly  obtained  to  reorganize  the  city  under  a 
permanent  commission  of  five  members,  three  to  be 
appointed  by  the  governor  and  two  elected  by  the 
people.  The  city  government  proceeded  successfully 
under  this  charter;  but  the  state  supreme  court  hav- 
ing decided  that  the  people  could  not  under  the  con- 
stitution be  divested,  even  in  part,  of  the  right  to 
elect  their  city  officials,  a  new  charter,  providing  for 
the  election  of  all  the  commissioners  by  popular  vote, 
was  adopted.  The  people  ratified  the  selections  al- 
ready made,  and  for  eight  years  practically  no 
changes  were  made  in  the  commission. 

The  results  were  remarkable.  The  rebuilding  of 
the  city,  the  construction  of  a  great  sea-wall,  the  rais- 
ing of  the  grade  of  the  entire  city  and  other  colossal 
undertakings,  partly  by  the  municipality  acting  alone, 
partly  in  cooperation  with  the  county  and  state,  were 
carried  through  promptly,  economically  and  without 
friction  or  debate.  The  new  governing  body  acted 
substantially  as  does  the  directorate  of  a  bank  or  a 

[20] 


CITY  GOVERNMENT   BY   COMMISSION 

manufacturing  or  commercial  corporation,  dispatch- 
ing business  on  its  merits,  without  appeals  to  preju- 
dice or  resorts  to  the  scheming  and  wirepulling  of 
conventional  municipal  politics.  The  people  of  Gal- 
veston were  pleased;  and  the  citizens  of  the  neigh- 
boring city  of  Houston  took  note  of  the  new  order  of 
things  and  were  quick  to  emulate  their  example, 
adopting  a  like  charter,  with  equally  excellent  re- 
sults, in  1903.  By  April,  1904,  when  the  National 
Municipal  League  assembled  at  Chicago,  knowledge 
of  the  successful  operation  of  the  new  plan  had  be- 
come general,  and  by  1907,  Dallas,  Fort  Worth,  Den- 
nison,  El  Paso,  Sherman  and  Greenville  had  fallen 
into  line,  followed  in  subsequent  years  by  Austin, 
San  Antonio,  Marshall,  Palestine,  Waco,  and  Corpus 
Christi. 

As  yet  the  new  fashion  was  exclusively  southern 
and  lacked  adaptation  to  northern  ideals,  tho  pow- 
erfully appealing,  by  its  concrete  practical  results,  to 
hard-headed  northern  populations.  Before  all  the 
progress  already  noted  in  Texas  had  been  accom- 
plished, the  city  of  Des  Moines,  Iowa,  was  at  work 
upon  the  problem,  under  conditions  which  prevented 
the  friends  of  the  Galveston  plan  from  having  their 
way  until  they  had  embodied  in  the  charter  which  the 
city  finally  adopted  most  of  the  desirable  features  of 
[21] 


DETHRONEMENT  OF  THE  CITY   BOSS 

all  the  modern  city  charters  of  the  country.  The  Des 
Moines  plan  was  thus  framed  into  an  approximately 
ideal  municipal  charter;  and,  attracting  the  attention 
and  commanding  the  approval  of  such  authorities  as 
Dr.  Charles  W.  Eliot,  then  president  of  Harvard 
University,  and  such  administrators  as  Mayor  Brand 
Whitlock  of  Toledo,  was  welcomed  from  Massachu- 
setts to  California  as  the  long-looked-for  advance  step 
toward  the  reality  of  good  city  government. 

The  Des  Moines  plan  went  much  further  than  the 
Galveston  charter.  It  engrafted  upon  that  instru- 
ment the  non-partizan  double  election,  the  merit  sys- 
tem, the  initiative,  referendum,  protest  and  recall, 
drawing  one  or  two  of  these  provisions  from  the 
charter  of  Dallas,  and  in  turn  giving  back  several  im- 
provements to  the  latter.  Indeed,  nothing  in  the 
whole  movement  has  been  finer  than  this  friendly  in- 
terchange of  ideas,  methods  and  information  between 
northern  and  southern  cities  and  their  generous  en- 
thusiasm over  one  another's  successes. 

The  adoption  of  the  Des  Moines  plan  gave  an  im- 
mense impetus  to  the  charter-building  movement. 
The  Des  Moines  charter  became  the  norm  of  municipal 
charter  reform  both  north  and  south,  and  interest  in 
it  speedily  became  national.  And  wherever  it  was 
adopted,    municipal    conditions    showed    the     same 

[22] 


CITY   GOVERNMENT   BY   COMMISSION 

marked  improvement  as  had  been  recorded  at  Gal- 
veston, Houston  and  Des  Moines. 

In  most  of  the  cities  which  have  adopted  the  com- 
mission system,  there  has  been  less  than  two  years  of 
experience  of  its  operation;  and  there  is  no  estab- 
lished unit  of  comparison  by  which  to  tabulate  re- 
sults. Every  city  has  its  own  story  of  deficits  wiped 
out,  floating  debts  taken  up,  bonds  retired,  business 
methods  introduced,  long-standing  nuisances  abated, 
laws  enforced,  books  better  kept,  streets  kept  cleaner, 
public  works  more  honestly  constructed,  public  build- 
ings erected,  additional  parks  and  playgrounds  ac- 
quired, economies  enforced  or  taxes  reduced — one, 
all  or  many.  All  report  a  revival  of  public  spirit  and 
improvement  in  business  resulting  from  better  civic 
conditions.  To  name  a  few  examples:  San  Diego 
boasts  of  its  immediately  reformed  water  department 
— 300  new  consumers  added,  better  service  to  the 
old  ones,  a  net  saving  of  $640  per  month  in  the  oper- 
ating expenses,  illegal  special  rates  withdrawn,  meter 
boxes  that  formerly  cost  the  city  ninety  cents  now 
purchased  for  thirty  cents;  like  reforms  in  the  police 
and  sewer  departments  and,  in  the  department  of 
finance,  a  check  kept  on  all  expenditures.  Leaven- 
worth, driven  to  adopt  the  new  system  by  the  en- 
forced closing  of  its  saloons  and  the  loss  of  an  illegal 
[23  I 


DETHRONEMENT   OF   THE   CITY   BOSS 

revenue  of  $80,000  a  year  therefrom,  elects  as  its 
commissioners  a  hardware  merchant,  a  soap  manu- 
facturer, a  lumber  merchant,  a  furniture  manufac- 
turer and  a  transfer  and  storage  factor,  who,  with 
$80,000  less  revenue,  find  it  possible  to  pay  off  $22,- 
200  in  bonds  and  announce  their  ability  further  to  re- 
duce the  running  expenses  of  the  city  by  $26,000  a 
year.  Cedar  Rapids  employs  a  civic  improvement  ex- 
pert and  turns  an  island  in  the  Cedar  River  from  an 
eyesore  into  a  beauty  spot  and  a  fitting  home  for 
municipal  buildings,  whereas  the  old  regime  failed 
utterly  to  abate  the  nuisance.  Houston  wipes  out  a 
floating  debt  of  $400,000  in  three  years,  invests  $701,- 
226.74  in  permanent  improvements  and  for  the  first 
time  in  its  history  inaugurates  a  sinking  fund. 

There  is  no  variation  in  the  character  of  the  re- 
ports— everywhere  it  is  leaks  stopt,  system  taking  the 
place  of  chaos,  efficiency  substituted  for  poor  ser- 
vice, promptness  for  hopeless  procrastination,  lower 
for  higher  tax  levies  or  better  values  received  for  the 
public  outlays. 

But  back  of  all  these  causes  for  congratulation  and 
rising  above  every  other  consideration,  the  student  of 
the  new  charter  discovers  that  which  explains  the 
wonderful  vigor  and  vitality  of  the  whole  movement 
and  accounts  for  a  popular  favor  out  of  all  proportion 
[24] 


CITY   GOVERNMENT   BY  COMMISSION 

to  any  financial  results  recorded  at  Galveston  or  Des 
Moines  or  in  any  other  city  operating  under  the  new 
plan,  or  all  of  them  combined.  It  is  the  reconciliation  of 
the  citizen  and  his  city ;  the  new  birth  of  his  faith  in  it 
and  in  himself  as  a  factor  in  its  public  life;  the  re- 
vival of  his  hopes  for  the  republic  as  a  thing  that  is 
not  to  languish  and  die  from  absorption  of  the  toxins 
evolved  within  itself,  but  is  to  go  on  for  unreckoned 
ages,  playing  a  good  part  in  the  drama  of  national 
life. 

Thus,  that  which  most  commends  the  commission 
plan  of  municipal  government  in  general  and  the  Des 
Moines  plan  in  particular  is  the  optimism  it  brings 
back  into  our  municipal  politics;  the  new  anchorage 
it  affords  for  the  democracy  which  is  conquering  the 
world,  but  can  rule  it  only  so  long  as  it  believes  in 
itself. 


[25] 


II 

PERTINENT  FACTS   ABOUT    DES    MOINES 

The  city  of  Des  Moines,  which,  in  April,  1908,  en- 
tered upon  the  interesting  experiment  in  municipal 
government  of  which  this  volume  treats,  is  old  enough 
and  large  enough  and  has  had  a  municipal  experi- 
ence sufficiently  varied  and  typical  to  make  the  suc- 
cess or  failure  of  its  new  charter — widely  known  as 
"  the  Des  Moines  plan  " — a  matter  of  importance  to 
all  American  cities  which  contemplate  making  fun- 
damental changes  in  their  forms  of  government.  It 
has  been  the  capital  of  the  state  of  Iowa  for  more 
than  half  a  century  and  its  metropolis  for  nearly  a 
generation.  It  had  a  population  of  75,626  in  1905, 
when  the  last  state  census  was  taken,  and  has  since 
steadily  and  rapidly  grown.  The  sources  of  its  popu- 
lation, as  ascertained  by  the  federal  census  of  1900, 
present  an  example  of  the  extremely  complex  proc- 
esses of  city-building  in  this  country  that  is  not  only 
interesting  in  itself,  but  valuable  in  justifying  the 
assumption  that  a  charter  which  will  give  good  gov- 
ernment to  Des  Moines  is  not  unlikely  to  prove  satis- 
factory to  other  cities. 

[26] 


PERTINENT  FACTS  ABOUT  DES  MOINES 

Of  the  54,193  native  born  persons  residing  in  Des 
Moines  in  1900,  Alabama  contributed  46,  Arizona  6, 
Arkansas  49,  California  61,  Colorado  86,  Connecticut 
130,  Delaware  24,  District  of  Columbia  26,  Florida 
8,  Georgia  29,  Idaho  8,  Illinois  4,029,  Indiana  2,065, 
Iowa  32,693,  Kansas  614,  Kentucky  427,  Louisiana 
29,  Maine  152,  Maryland  156,  Massachusetts  272, 
Michigan  450,  Minnesota  346,  Mississippi  52,  Mis- 
souri 1,803,  Montana  12,  Nebraska  672,  Nevada  7, 
New  Hampshire  72,  New  Jersey  157,  New  Mexico  4, 
New  York  1,767,  North  Carolina  77,  North  Dakota 
11,  Ohio  3,403,  Oklahoma  9,  Oregon  17,  Pennsyl- 
vania 1,862,  Rhode  Island  38,  South  Carolina  16, 
South  Dakota  104,  Tennessee  173,  Texas  48,  Utah  9, 
Vermont  256,  Virginia  375,  Washington  19,  West 
Virginia  142,  Wisconsin  857,  Wyoming  15,  states  or 
territories  not  specified,  459;  while  two  were  born  at 
sea  under  the  United  States  flag  and  47  were  born 
abroad  under  conditions  consistent  with  American 
citizenship.    No  state  was  unrepresented. 

Of  the  7,946  foreign-born  inhabitants,  Africa  was 
the  native  country  of  2,  Asia  (aside  from  China,  Japan 
and  India)  44,  Australia  10,  Austria  68,  Belgium  6, 
Bohemia  30,  Canada  (English)  494,  Canada  (French) 
39,  China  5,  Cuba  1,  Denmark  240,  England  909, 
Finland  9,  France  36,  Germany  1,432,  Greece  4,  Hoi- 
[27\ 


DETHRONEMENT   OF   THE   CITY   BOSS 

land  66,  Hungary  7,  India  6,  Ireland  902,  Italy  195, 
Japan  3,  Luxemburg  2,  Mexico  1,  Norway  296,  Pa- 
cific Islands  5,  German  Poland  3,  Russian  Poland 
295,  Poland,  not  stated,  20,  Roumania  47,  Russia 
380,  Scotland  234,  South  America  1,  Spain  1,  Sweden 
1,907,  Switzerland  76,  Turkey  16,  Wales  133,  West 
Indies  14,  other  countries  1 ;  born  at  sea  8.  These 
figures  do  not,  of  course,  include  the  second  genera- 
tion. 

Des  Moines  was,  until  recently,  a  city  of  slow 
growth.  It  grew  compactly,  like  an  eastern  or  old- 
world  city,  until  the  '8o's,  when  increasing  taxes  and 
rapit  transit  prompted  several  thousand  of  its  in- 
habitants to  build  homes  just  outside  the  eight  square 
miles  which  constituted  its  original  area.  By  1890, 
this  evasion  of  civic  responsibilities  had  become  an 
acknowledged  evil;  and  an  act  of  the  legislature  en- 
abled the  city  to  annex  large  areas  adjoining  it  on 
all  sides.  Its  present  corporate  limits  extend  six 
miles  north  and  south  by  nine  miles  east  and  west, 
enclosing  fifty-four  square  miles.  This  encourages  an 
expansion  which  involves  the  opening,  paving  and 
sewering  of  a  large  mileage  of  streets  and  correspond- 
ing expense  to  clean  the  streets  and  provide  fire  and 
police  protection  and  public  service  of  all  kinds. 

The  city  is  located  at  the  confluence  of  the  Des 
[28] 


PERTINENT  FACTS  ABOUT  DES  MOINES 

Moines  and  Raccoon  rivers.  The  valleys  of  these  fine 
streams  afford  convenient  levels  for  large  business 
districts  and  for  the  tracks  and  yards  of  the  railroad 
systems  and  several  interurban  electric  lines  which 
reach  out  in  all  directions  to  grasp  the  traffic  of  the 
richest  agricultural  and  stock-raising  region  in  the 
world.  Back  of  these  commercial  and  manufacturing 
districts,  gently  rising  slopes,  covered  with  native 
elms  and  oaks,  accommodate  the  residence  sections, 
which  extend  in  some  directions  out  upon  the  high 
prairies. 

The  public  schools  of  the  city  are  not  controlled  by 
the  municipality,  but  are  managed  by  a  board  of  di- 
rectors elected  by  the  same  constituency,  acting  at 
large;  the  elections  being  by  common  consent  non- 
partisan. The  park  system  was  formerly  under  a 
separate  corporation,  coextensive  with  the  city,  but 
was  brought  under  municipal  control  when  the  new 
charter  was  adopted.  It  has  already  been  suggested 
that  the  schools  be  brought  under  the  jurisdiction  of 
the  city  council,  with  a  sixth  councilman  at  their 
head,  but  no  active  measures  have  as  yet  been  taken 
looking  to  that  end.  One  of  the  grievances  of  the 
citizens  against  the  old  system,  or  rather  lack  of  sys- 
tem, was  that  the  taxpayer  was  at  the  mercy  of  nu- 
merous independent  and  unregulated  taxing  boards, 

[29] 


DETHRONEMENT  OF  THE   CITY   BOSS 

whose  levies  were  based  upon  no  comprehensive 
view  of  the  public  needs  and  the  resulting  revenues 
expended  without  system  or  restraint. 

All  of  the  public  utilities  of  Des  Moines  are  owned 
and  operated  by  private  corporations.  The  street 
railway  system  radiates  from  a  central  station  at  the 
heart  of  the  city,  the  individual  lines  running  out 
like  the  spokes  of  a  wheel.  Universal  transfers  and 
six  fares  for  twenty-five  cents  bring  intra-mural  trans- 
portation of  passengers  within  the  reach  of  all.  The 
water  supply  is  derived  from  galleries  in  a  subter- 
ranean stream  under  the  bed  of  the  Raccoon  River 
and  the  works  are  operated  by  a  direct  system  and 
standpipe.  A  single  company  furnishes  gas  for  light- 
ing and  fuel  at  the  uniform  price  of  one  dollar  per 
thousand  cubic  feet.  There  have  been  two  telephone 
systems  for  many  years,  but  they  are  now  in  process 
of  consolidation.  The  several  plants  serving  the  city 
with  electric  lights,  heat  or  power  present  no  note- 
worthy variations  from  those  rendering  like  service 
in  other  cities. 

The  problems  of  municipal  government  in  Des 
Moines  are  those  common  to  all  American  cities.  They 
include  the  maintenance  of  order;  the  care  of  the 
public  health;  sources  and  regulation  of  the  water 
supply;  protection  from  fire;  intra-mural  transporta- 
[3o] 


PERTINENT  FACTS  ABOUT  DES  MOINES 

tion;  disposal  of  garbage  and  sewage  and  the  clean- 
ing of  streets;  regulation  of  saloons  and  suppres- 
sion of  vice;  dealing  with  the  smoke,  noise  and  bill- 
board nuisances  and  overhead  wires ;  paving,  sewers, 
bridges,  viaducts,  etc.,  and  the  dangers  from  grade 
crossings ;  control  of  auctioneers,  hucksters,  ped- 
lers  and  licensed  dealers  generally;  parks  and  pub- 
lic playgrounds  and  their  regulation  and  control ; 
supervision  of  libraries,  hospitals  and  to  some  extent, 
public  charities;  public,  private  and  cooperative  ser- 
vices such  as  lighting,  heating  and  telephones,  and  a 
multitude  of  other  matters  in  which  the  city  controls 
or  participates  with  the  county  and  state  in  control. 
It  can  hardly  be  doubted  that  a  charter  which  brings 
success  in  the  government  of  Des  Moines  will  prove 
valuable  in  any  other  city,  large  or  small,  in  the 
country.  No  two  cities  have  exactly  the  same  prob- 
lems to  solve;  but  the  principles  underlying  the  ad- 
ministration of  all  are  the  same.  What  is  wanted 
everywhere  is  a  combination  of  democracy,  official 
responsibility  and  efficiency.  Des  Moines'  most  im- 
portant departure  from  the  norm  of  municipal  prac- 
tise has  been  its  policy  of  securing  all  classes  of  pub- 
lic service  through  private  corporations,  whereas 
many  cities  own  and  operate  their  own  water  works. 
On  a  close  analysis,  however,  it  will  be  seen  that, 

[31.1 


DETHRONEMENT   OF  THE   CITY   BOSS 

after  all,  this  difference  is  not  really  fundamental. 
The  municipality  must  see  to  it  that  its  water  supply 
is  unpolluted  and  that  the  service  is  adequate.  It  has 
the  intermediary  company  to  deal  with,  but  the  prob- 
lem is  not  essentially  more  or  less  difficult  on  that 
account.  It  is  an  exceptional  city,  too,  that  is  not  as 
greatly  concerned  as  is  Des  Moines  in  the  mainte- 
nance of  just  and  satisfactory  relations  with  one  or 
more  public  service  corporations. 


[32] 


Ill 

GENERAL  VIEW   OF  THE  NEW  PLAN 

Under  the  Des  Moines  plan  of  municipal  govern- 
ment the  business  of  the  city  is  conducted  by  five  ad- 
ministrative departments,  designated  by  law  as  fol- 
lows: 

1.  Department  of  public  affairs. 

2.  Department  of  accounts  and  finance. 

3.  Department  of  public  safety. 

4.  Department  of  streets  and  public  improvements. 

5.  Department  of  parks  and  public  property. 

The  department  of  public  affairs  is  superior  to  the 
four  other  departments  in  both  authority  and  com- 
pensation. It  is  in  charge  of  the  mayor,  elected  by 
the  people  as  such,  and  given  general  supervision 
over  the  four  coordinate  working  departments.  The 
mayor  is  ex-ofncio  a  member  and  president  of  a  coun- 
cil composed  of  the  heads  of  the  five  departments,  and 
has  a  vote  but  no  veto.  He  is  relieved  of  practically 
all  merely  routine  duties  save  those  necessarily  aris- 
ing from  his  position  as  official  head  and  mouthpiece 
of  the  city,  giving  him  ample  time  and  opportunity 
for  the  important  labor  of  cooperation  with  and  su- 
[33] 


DETHRONEMENT  OF  THE   CITY   BOSS 

pervision  over  the  labors  of  his  four  associates.  The 
mayor's  salary  is  $3,500 ;  that  of  the  four  councilmen, 
$3,000  each. 

The  superintendents  of  the  four  coordinate  depart- 
ments are  in  the  first  instance  elected  simply  as  coun- 
cilmen. They  and  the  mayor,  acting  together  as  a 
council,  at  the  beginning  of  their  two  years'  term  of 
office,  designate  the  department  which  each  of  the 
four  shall  superintend,  and  divide  practically  all  the 
detail  work  of  the  municipality  among  the  four  de- 
partments along  lines  broadly  indicated  by  their 
names;  retaining  in  the  council  only  those  which  per- 
tain to  the  city  as  a  whole. 

This  small,  directly  responsible  administrative 
body,  resembling  the  board  of  directors  of  a  private 
corporation,  takes  the  place  of  the  mayor,  council 
and  various  boards  among  which  the  powers  and 
duties  pertaining  to  municipal  administration  have 
been  divided  in  the  past.  All  other  officers  and  em- 
ployees of  the  city  are  selected  by  the  council. 

The  five  members  of  the  council  are  elected  by  the 
people  of  the  city  acting  as  one  constituency,  regard- 
less of  ward  lines.  The  choice  is  made  at  a  double 
election,  from  which  partizanship  is  strictly  excluded, 
and  under  restrictions  reducing  the  temptations  to 
and  opportunities  for  corruption  to  a  minimum. 
[34] 


GENERAL   VIEW   OF   THE   NEW   PLAN 

At  the  primary  election,  any  citizen  may  become  a 
candidate  for  mayor  or  councilman  without  consult- 
ing any  committee  or  submitting  to  any  requirements 
save  that  of  a  petition  signed  by  at  least  twenty-five 
qualified  voters  attesting  his  good  moral  character 
and  fitness  for  the  office.  The  names  of  all  candi- 
dates go  on  the  official  ballot  in  alphabetical  order, 
without  partisan  emblems  or  designations.  The  two 
candidates  receiving  the  highest  number  of  votes  for 
mayor  and  the  eight  candidates  receiving  the  highest 
number  of  votes  for  councilmen  are  declared  to  be  the 
nominees;  and  these  ten  names,  and  no  others,  are 
printed  on  the  ballots  for  the  second  and  final  election, 
held  two  weeks  later,  at  which  the  mayor  and  four 
councilmen  are  elected. 

Immediately  taking  charge  of  the  city  government, 
the  new  council  assigns  the  four  unallotted  council- 
men  to  their  several  departments  and  defines  the 
powers  and  duties  of  each,  subject,  however,  to 
change  whenever  it  appears  that  the  public  service 
would  be  benefited  thereby.  The  organization  is  pur- 
posely made  elastic,  the  council  being  also  empowered 
to  assign  particular  officers  and  employees  to  one  or 
more  of  the  departments  or  to  require  that  they  per- 
form duties  in  two  or  more  departments. 

The  merit  system  is  given  the  largest  practicable 
[35] 


DETHRONEMENT   OF   THE   CITY   BOSS 

application  in  the  selection  of  officers  and  employees. 
The  council  by  majority  vote  elects  a  city  clerk,  so- 
licitor, assessor,  police  judge,  treasurer,  auditor,  civil 
engineer,  city  physician,  marshal,  chief  of  fire  depart- 
ment, market  master,  street  commissioner,  three  li- 
brary trustees  and  other  necessary  officers  and  assist- 
ants ;  but  all  officers  and  employees  must  be  elected  or 
appointed  with  reference  to  their  qualifications  or  fit- 
ness and  without  reference  to  their  political  faith  or 
party  affiliations.  No  officer  or  candidate  for  office  is 
permitted  to  promise  any  person  any  position,  em- 
ployment, benefit  or  thing  of  value  for  the  purpose 
of  influencing  his  vote  or  obtaining  his  support.  All 
subordinate  employees,  except  common  laborers,  elec- 
tion officials  and  a  few  assistants,  etc.,  properly  ex- 
cepted, must  be  appointed  from  the  civil  service  lists. 
A  board  of  civil  service  commissioners  is  provided, 
to  conduct  examinations  of  a  practical  character  to 
determine  the  fitness  of  applicants.  The  fullest  pub- 
licity as  to  campaign  expenses  is  required,  both  the 
source  and  manner  of  expenditure  to  be  reported 
under  oath.  No  officer  or  employee  is  permitted  to 
be  interested,  directly  or  indirectly,  in  any  contract 
with  the  city  or  any  public  service  corporation,  or  to 
accept  any  free  service  therefrom. 

All  meetings  of  the  council  at  which  any  person 


GENERAL  VIEW   OF  THE   NEW   PLAN 

not  a  city  officer  is  admitted,  must  be  open  to  the 
public. 

No  franchise  or  right  to  use  the  streets,  highways, 
bridges  or  public  places  of  the  city  can  be  granted, 
renewed  or  extended  except  by  ordinance;  and  every 
franchise  or  grant  for  interurban  or  street  railways, 
gas  or  water  works,  electric  light  or  power  plants, 
heating  plants,  telegraph  or  telephone  systems  or 
other  public  service  utilities  must  be  authorized  or 
approved  by  a  majority  of  the  electors  voting  thereon 
at  a  general  or  special  election. 

Every  motion,  resolution,  and  ordinance  of  the 
council  must  be  in  writing  and  the  vote  of  every  mem~ 
ber  of  the  council  for  and  against  it  must  be  recorded. 

The  council  is  required  to  print  and  effectively  dis- 
tribute, in  pamphlet  form,  each  month  a  detailed 
itemized  statement  of  all  receipts  and  expenses  and  a 
summary  of  its  proceedings  during  the  preceding 
month.  At  the  end  of  each  year  the  council  must 
cause  a  full  and  complete  examination  of  all  the  books 
and  accounts  of  the  city  to  be  made  by  competent  ac- 
countants, and  publish  the  report  in  pamphlet  form. 

Every  ordinance  or  resolution  appropriating  money 
or  ordering  any  street  improvement  or  sewer,  or  mak- 
ing or  authorizing  any  contract,  or  granting  any 
franchise  must  be  complete  in  its  final  form  and  re- 
[37] 


DETHRONEMENT   OF   THE    CITY   BOSS 

main  on  file  with  the  city  clerk  for  public  inspection 
at  least  one  week  before  its  final  passage  or  adoption.* 

To  enable  the  citizens  to  prevent  the  council  from 
fastening  objectionable  legislation  upon  the  city,  pro- 
vision is  made  whereby,  upon  protest  of  25  per  cent, 
of  the  number  of  electors  voting  for  mayor  at  the  last 
preceding  regular  election,  the  council  must  either 
reconsider  and  repeal  the  ordinance  objected  to  or 
submit  it  to  a  vote  of  the  people  for  acceptance  or  re- 
jection. 

To  make  public  sentiment  in  favor  of  specific  legis- 
lation effective,  the  charter  requires  that  upon  peti- 
tion of  25  per  cent,  of  the  number  of  electors  voting 
for  mayor  at  the  last  regular  election  any  proposed 
ordinance  must  either  be  passed  without  alteration  by 
the  council  or  submitted  to  the  people  at  a  general  or 
special  election  for  adoption  or  rejection  as  law;  a 
10  per  cent,  petition  being  sufficient  to  secure  sub- 
mission at  a  regular  election. 

To  insure  good  service  from  the  council  and  to  en- 
able the  city  to  purge  that  body  of  the  membership 
therein  of  unworthy  persons,  provision  is  made 
whereby  upon  a  25  per  cent,  petition,  any  mayor  or 
councilman  may  be  compelled  to  face  a  special  elec- 
tion upon  the  question  of  his  continuance  in  office ; 
*  See  page  75. 
[38] 


GENERAL   VIEW   OF   THE   NEW   PLAN 

his  name  going  on  the  ballot  as  a  matter  of  course  and 
candidates  against  him  by  a  10  per  cent,  petition — 
the  highest  vote  electing  for  the  remainder  of  the 
term  and  failure  to  receive  it  having  the  effect  of  re- 
moving the  incumbent. 


[39] 


IV 

THE  WARD   SYSTEM   ABOLISHED 

An  experience  of  more  than  fifty  years  with  the 
system  of  representation  by  wards  in  Des  Moines 
demonstrated  it  to  be  a  hopeless  failure;  and  no  fea- 
ture of  the  new  plan  was  more  heartily  welcomed 
than  its  method  of  electing  all  members  of  the  city's 
governing  body  by  the  community  at  large,  giving 
every  voter  a  voice  in  the  selection  of  every  council- 
man as  well  as  of  the  mayor.  No  matter  how  the 
ward  lines  were  arranged — and  one  conspicuous  ef- 
fort had  been  made  so  to  divide  the  city  as  to  make 
every  ward  a  "  good  "  or  at  least  a  "  respectable  " 
ward — some  wards  would  invariably  elect  weak, 
vicious  or  incompetent  aldermen,  maintaining  a  nu- 
cleus of  inefficiency  and  dishonesty  which  survived 
from  one  administration  to  another  and  nearly  al- 
ways showed  a  tendency  to  spread  and  increase.  In 
many  cases,  a  show  of  intense  devotion  to  the  ward 
and  its  supposed  interests  was  ostentatiously  main- 
tained, and  this  imposed  upon  the  unthinking,  who 
do  not  always  realize  that  an  alderman  cannot  be 
[40] 


THE  WARD   SYSTEM   ABOLISHED 

"  a  good  man  for  his  ward  "  without  being  faithful 
to  the  city  as  a  whole  and  capable  of  intelligently 
looking  after  both  local  and  general  interests  at  the 
same  time. 

The  ward  system  is  essentially  vicious  in  that  it 
perverts  the  political  education  of  the  electors  and 
encourages  a  local  selfishness  destructive  of  the  gen- 
eral, and  ultimately  of  the  local,  interests  as  well.  No 
city  can  be  well  governed  or  its  business  competently 
administered  whose  governing  body  does  not  consider 
the  city  as  a  unit  and  its  general  interests  paramount 
to  local  and  private  selfishness.  Every  ward  fares 
best  in  a  city  in  which  ward  lines  are  lost  sight  of  in 
a  determination  to  do  at  all  times  the  best  things  for 
the  whole  city. 

The  philosophy  which  insists  upon  treating  the 
city  as  an  organic  whole  is  unassailable.  The  city 
is  physically,  socially  and  economically  a  unit.  It 
occupies  a  certain  territory  geographically  and  is  the 
abiding  place  of  a  definite  population.  There  is  a 
common  mind  in  the  community,  voiced  by  the  local 
newspaper  press  and  by  it  daily  supplied  with  data 
which,  when  digested,  constitute  the  basis  for  the 
prevailing  public  opinion.  There  is,  too,  at  every  mo- 
ment, a  dominant  public  sentiment  on  every  question 
pending  in  the  community — not  always  unanimous, 
.Ui] 


DETHRONEMENT    OF   THE    CITY   BOSS 

but  usually  well  defined  and,  most  fortunately,  usu- 
ally sound  morally  and  right  intellectually.  This  does 
not  mean  that  the  highest  ideals  are  invariably  rec- 
ognized and  accepted,  but  that  that  which  is  decent 
and  honest  and  of  good  report  is  almost  always  up- 
held. There  is  not  a  city  in  the  United  States  in 
which  the  dominant  note  of  public  opinion  is  not  in 
favor  of  honesty  and  efficiency  in  administration. 
The  worst  governed  city  in  America — a  large,  rich 
and  populous  city  in  which  the  worst  elements  re- 
main dominant — daily  utters  through  its  press  with 
popular  approval  a  desire  for  better  things,  and  is 
held  in  degrading  bondage  by  fraudulent  registra- 
tion, voting  and  counting  or  return  of  votes,  false  pre- 
tenses of  integrity  on  the  part  of  its  corrupt  leaders 
and  above  all  by  the  breaking  up  of  its  local  una- 
nimity along  ward  lines  and  through  excessive  par- 
tizan  allegiance.  Great  masses  of  people  can  act 
effectively  together  only  along  simple  and  direct 
lines;  but  when  so  acting,  they  quickly  gain  enor- 
mous momentum. 

It  has  been  questioned  whether  the  Des  Moines 
plan  of  city  government  would  accomplish  the  same 
excellent  results  in  the  largest  cities  as  in  cities  of 
small  or  medium  size;  but  every  consideration  which 
has  justified  its  adoption  in  places  of  small  popula- 
[42] 


THE   WARD   SYSTEM   ABOLISHED 

tion  applies  with  added  force  to  the  problem  as  devel- 
oped in  the  largest.  We  have  democracy  on  an  enor- 
mous scale  in  this  country.  Our  nearly  a  hundred 
millions  express  their  judgments  as  to  men  and  meas- 
ures every  two  years,  and  especially  every  four 
years,  with  admirable  ease  and  promptitude;  and 
there  is  no  city  within  our  borders  so  large  that,  were 
it  given  an  opportunity  to  elect  five  men  to  be  re- 
sponsible for  the  conduct  of  five  great,  definite  de- 
partments of  its  business,  could  not  make  the  choice 
with  a  good  degree  of  intelligence  as  to  the  charac- 
ter and  capacity  of  the  men;  and  every  known  prin- 
ciple of  social  action  gives  emphasis  to  the  belief 
that  the  directness  and  simplicity  of  the  issue,  the 
concentration  of  public  attention  on  the  same  can- 
didates in  all  parts  of  the  city,  the  clearer  realization 
of  the  importance  of  the  interests  at  stake,  the  dig- 
nity and  value  of  the  individual  ballot  as  reaching  to 
every  part  of  the  administration  and  counting  as  a 
city  instead  of  a  ward  factor,  would  give  a  conquer- 
ing impetus  to  the  wave  of  popular  sentiment  evolved 
in  such  a  contest.  Public  sentiment  once  fully 
aroused  and  united  in  an  American  city  has  an  elec- 
tric quality  which  sweeps  all  before  it.  Divided  into 
many  petty  currents,  it  is  wasted  and  defeated ;  gath- 
ered in  one  grand  stream,  it  becomes  irresistible. 

[43] 


DETHRONEMENT   OF  THE   CITY   BOSS 

Election  by  the  city  at  large  acts  favorably  on  both 
the  candidate  and  the  voter.  The  former,  to  com- 
mand the  attention  and  hold  the  support  of  a  large 
constituency,  must  have  certain  conspicuous  per- 
sonal qualities.  He  must  be  a  man  of  good  repute 
and  of  very  fair  abilities.  He  must  have  much  per- 
sonal force  of  some  kind,  otherwise  he  cannot  im- 
press himself  upon  a  large  number.  He  comes  into 
competition,  too,  with  all  the  candidates  from  all 
parts  of  the  city  and  must  bear  comparison  with 
them.  This  comparison  eliminates,  at  the  start,  most  of 
the  weak  and  notoriously  unworthy  candidates — 
itself  a  vast  gain  over  the  old  system,  which  persist- 
ently and  unerringly  favors  the  worst  and  weakest. 

The  individual  elector,  too,  is  elevated  to  a  new 
plane  and  his  responsibility  to  the  entire  city  and  his 
power  to  take  part  in  its  affairs  to  the  fullest  extent 
can  scarcely  fail  to  further  his  civic  development  and 
increase  his  self-respect.  By  the  inherent  merit  of 
the  new  system,  he  is  compelled  to  take  a  larger  view 
of  his  duty  as  a  voter.  He  is  relieved  from  the  but- 
tonholing of  the  petty  local  magnate,  who  has  been 
unable  to  project  himself  or  his  creatures  into  the 
running.  He  cannot,  even  if  he  will,  bestow  any 
substantial  reward  through  his  vote  upon  the  small 
politician  who  has  given  him  a  "  job  "  at  the  public 
[44] 


THE   WARD   SYSTEM   ABOLISHED 

expense  or  sent  him  a  turkey  at  the  latest  holiday  sea- 
son. To  just  the  extent  that  he  uses  his  ballot  as  a 
personal  perquisite,  giving  his  vote  to  some  nearby 
good  fellow,  he  eliminates  himself  from  the  deter- 
mining forces  of  the  contest.  Indeed,  the  pressure 
upon  him  thus  to  abase  himself  has  ceased  by  rea- 
son of  the  involuntary  elimination  of  the  merely 
neighborhood  candidate  from  public  consideration. 
To  have  a  part  in  the  selection  of  the  men  who  shall 
control  the  municipality,  he  must  of  necessity  cast  his 
ballot  for  five  of  those  candidates  whose  character 
and  abilities  have  enabled  them  to  command  general 
attention.  The  American  people,  during  many  gen- 
erations of  self-government,  have  acquired  a  sixth 
sense  whereby  the  trend  of  a  political  campaign  is  in- 
tuitively discerned.  The  picture  we  have  just  given 
of  the  individual  voter's  situation  as  modified  by  the 
abolition  of  the  ward  system  is  not  simply  deduced 
from  the  necessary  change  in  his  attitude.  The  re- 
turns of  every  election  under  the  Des  Moines  plan 
show  that  this  is  exactly  what  takes  place.  The  elimi- 
nation of  the  mere  weakling  and  the  grossly  unworthy 
and  unfit  would  be  pathetic  if  it  were  not  so  thor- 
oughly a  matter  for  general  congratulation  because 
of  what  it  means  for  the  public  good. 

A  most  gratifying  feature  of  the  plan  of  wiping  out 
[45] 


DETHRONEMENT   OF  THE   CITY   BOSS 

ward  lines  is  the  fact  that  the  emancipation  of  the 
candidate  is  perpetuated  in  that  of  the  office-holder, 
and  that  the  better  auspices  under  which  the  citizen 
casts  his  ballot  persist  during  the  entire  term  of  of- 
fice of  the  men  his  ballot  helps  to  elect.  We  have 
had  in  this  country,  and  especially  in  our  cities,  too 
much  servility  to  the  populace  immediately  before 
the  election  and  too  little  regard  for  the  public  inter- 
ests after  it;  too  much  fawning  when  votes  were 
sought  and  too  much  defiance  of  decent  public  sen- 
timent when  they  were  no  longer  needed.  We  need 
nothing  more  than  frankness,  self-respect  and  inde- 
pendence among  our  public  servants,  coupled  with  a 
sacred  regard  for  the  permanent  interests  of  the  com- 
munity. This  we  cannot  secure  under  the  old  sys- 
tem; but  under  the  new,  we  see  it  developing  under 
conditions  most  promising  for  the  future  good  gov- 
ernment of  our  cities. 

The  councilman  elected  by  the  entire  city  and  look- 
ing to  the  whole  electorate  for  the  reward  of  approval 
and  reelection  is  under  constant  pressure  of  obliga- 
tion to  the  city  as  a  unit,  and  his  entire  term  of  office 
is  an  unceasing  education  in  taking  a  broad,  com- 
prehensive view  of  his  official  obligations.  His  po- 
sition forces  him  to  a  right  point  of  view.  Every 
concession  he  makes  to  local  or  private  selfishness  re- 
[46] 


THE   WARD   SYSTEM   ABOLISHED 

acts  and  brings  down  upon  him  the  condemnation  of 
the  larger  public  to  which  he  must  look  for  approval. 
Every  official  act  dictated  by  the  evident  interest  of 
the  city  as  a  whole,  even  if  opposed  by  local  clamor, 
brings  him  the  support  of  the  public  at  large.  The 
new  system  provides  other  guarantees  for  his  good 
conduct  and  more  cogent  reasons  for  pursuing  a 
course  in  harmony  with  the  general  good ;  but  we  are 
concerned  here  only  with  the  effect  upon  his  official 
conduct  of  his  election  by  all  the  people  of  the  city, 
and  the  conclusion  is  unavoidable  that  the  tendency 
of  this  mode  of  election  is  to  uphold  him  in  acting 
on  the  broader  view.  The  old  system  made  it  easier 
to  sacrifice  the  general  interest;  the  new  one  renders 
it  easier  to  act  on  the  lines  of  the  larger  public  good. 
Post-election  virtues  are  cultivated  by  the  new 
method  in  the  individual  citizen  also.  The  ward  sys- 
tem invited  a  conscienceless  scramble  by  the  citizens 
among  log-rolling  aldermen  for  unfair  local  advan- 
tage, the  respectable  citizen  usually  quieting  his  own 
conscience  with  the  plea  that  if  his  neighborhood  did 
not  obtain  an  unjustly  large  share  of  this  or  that  im- 
provement fund  some  other  part  of  the  city  would — 
the  whole  force  of  the  general  situation  sustaining 
meanness,  selfishness  and  downright  dishonesty.  But 
under  the  system  of  election  by  the  city  at  large,  the 
[47] 


DETHRONEMENT   OF  THE   CITY   BOSS 

individual  seeking  what  he  ought  not  to  obtain  must 
approach  an  official  obligated  to  him  only  as  a  mem- 
ber of  the  community  at  large  and  enjoying  the  right, 
as  he  is  impelled  by  the  necessity,  of  an  appeal  to  the 
whole  body  of  citizens.  It  need  hardly  be  said  that 
the  education  of  both  participants  in  such  a  confer- 
ence— their  training  in  treating  every  problem  as  af- 
fecting the  general  good — must  go  steadily  forward, 
and  that  the  standards  of  citizenship  in  a  city  which 
chooses  its  rulers  by  the  whole  body  of  electors  must 
steadily  rise  as  we  know  too  well  they  have,  under 
the  ward  system,  fallen  lower  and  lower. 

The  benefits  of  the  unification  of  a  city  through  the 
abandonment  of  the  strife-breeding  ward  system  are 
by  no  means  confined  to  its  municipal  affairs.  The 
narrowness  and  selfishness  of  view  cultivated  by 
ward  politics  extend  into  and  infect  every  phase  of 
the  local  life.  Business  becomes  sordidly  grasping; 
society  sinks  to  ungenerous  and  unhelpful  levels  and 
the  community  becomes  less  able  to  undertake  those 
fine,  large  public  enterprises  depending  for  their  suc- 
cess upon  mutual  good-will.  On  the  other  hand,  the 
city  which  develops  in  its  officials  and  private  citizens 
alike  the  habit  of  considering  always  and  uppermost 
the  good  of  the  whole  community  cannot  fail  to 
evolve  more  and  more  of  that  broad,  vital  public 
[48] 


THE  WARD   SYSTEM   ABOLISHED 

spirit  which  attracts  population  and  insures  prosper- 
ity. The  history  of  the  Des  Moines  plan  in  the  city 
which  gave  it  its  name  is  a  splendid  exemplification 
of  the  material  benefits  to  be  derived  from  taking  a 
larger  view  and  putting  aside  petty  selfishness. 


[49] 


PARTIZANSHIP    ELIMINATED 

The  unification  of  the  city  in  its  municipal  elec- 
tions would  have  been  incomplete  had  it  stopt  with 
the  abolition  of  the  ward  system.  Quite  as  real  and 
serious  an  obstacle  to  the  harmonious  development 
of  a  sound  and  invincible  public  opinion  favorable  to 
honest  and  efficient  administration  is  the  intrusion  of 
partizan  politics  into  our  municipal  elections.  The 
country  is  fast  moving  toward  the  time  when  the  ab- 
surdity of  nominating  candidates  for  city  offices  on  ac- 
count of  their  views  on  the  tariff  question  or  their 
membership  in  the  republican,  democratic  or  any 
other  national  party  will  be  generally  acknowledged ; 
but  many  persons  do  not  yet  realize  how  utterly  mu- 
nicipal government  conducted  on  partizan  lines  has 
failed,  or  why  we  can  have  no  lasting  success  in  our 
efforts  to  correct  the  prevailing  evils  in  our  municipal 
affairs  until  partizanship  is  eliminated  from  our  city 
elections. 

Partizan  divisions  of  the  voters  who  at  heart  desire 
honest  and  efficient  municipal  government  operate  as 
disastrously,  so  far  as  they  go,  in  dissipating  the  force 
[5o] 


PARTIZANSHIP   ELIMINATED 

and  value  of  public  opinion  favorable  to  good  admin- 
istration as  does  the  ward  system.  Such  separation 
of  the  body  of  well-meaning  and  relatively  intelligent 
voters  into  opposing  political  groups  does  not  break 
up  the  electorate  into  as  small  fragments,  but  it  alone 
goes  far  enough  to  work  disaster;  and,  superadded, 
as  it  is,  to  the  interminable  pettiness  and  confusion 
resulting  from  the  division  of  the  voters  into  small 
constituencies,  it  contributes  materially  to  the  success 
of  the  boss  and  the  machine  politician  in  their  purpose 
to  "  divide  and  conquer  "  the  forces  of  good  citizen- 
ship. 

The  Des  Moines  charter  does  away  with  the  whole 
machinery  of  partizan  politics  as  applied  to  city  elec- 
tions and  administration.  The  evil  is  destroyed,  root 
and  branch,  by  provisions  so  radical  and  sweeping 
that  surprize  has  often  been  exprest  that  a  strongly 
partizan  state  legislature  should  have  enacted  them 
into  law  with  practical  unanimity;  the  truth  being 
that  the  long  educational  campaign  which  converted 
the  people  of  Des  Moines  to  the  plan  enlightened  the 
entire  state  and  created  a  potential  and  patriotic  state- 
wide demand  for  its  enactment  by  the  second  general 
assembly  to  which  it  was  submitted,  the  first  one  hav- 
ing contemptuously  defeated,  or  rather  ignored,  a  less 
thorough-going  measure. 

[51] 


DETHRONEMENT   OF   THE   CITY   BOSS 

The  party  politician's  monopoly  of  participation  in 
the  average  city  government  begins,  but  does  not  end, 
with  his  machinery  for  controlling  nominations.  The 
party  caucus  or  primary  at  which  the  nomination  is 
made  is  in  charge  of  a  ward  committeeman  or  pre- 
cinct or  district  captain  whose  position  as  such  is  it- 
self a  reward  for  partizan  or  factional  service  and  a 
badge  entitling  him  to  further  recognition.  Back  of 
him  are  a  small  army  of  ward  workers,  more  or  less 
respectable  as  the  requirements  of  "  the  organiza- 
tion "  are  merely  votes  or  the  violence  and  fraud 
which  overawe  decent  voters  and  neutralize  their  bal- 
lots. In  the  better  wards  and  precincts,  the  outer 
garb  of  respectability  is  worn  except  when  the  exi- 
gencies of  the  machine  require  that  disguises  be  thrown 
off,  when  the  cloven  hoof  is  shamelessly  exhibited. 
In  the  lower  precincts,  even  the  semblance  of  tributes 
to  respectability  is  not  attempted  and  "  knock  down 
and  drag  out "  is  the  common  rule.  And  whether  the 
system  of  nominations  was  that  of  the  primary  elec- 
tion or  the  caucus  and  convention,  the  good  citizen 
has  for  many  decades  more  or  less  meekly  accepted 
results  vitiated  by  such  methods,  sorrowfully  regard- 
ing them  as  the  best  which  practical  politics  could  be 
expected  to  afford  him.  The  nominations  of  his  own 
and  the  other  party  having  been  made,  he  has  been 
152] 


PARTIZANSHIP   ELIMINATED 

satisfied  to  vote  for  that  candidate  for  mayor  or  al- 
derman whose  soundness  on  the  tariff  or  currency 
or  imperialism  appeared  to  be  in  the  least  question. 
The  absurdity  of  his  position  has  been  heightened, 
all  the  while,  by  the  growing  suspicion  that  while  he 
and  his  well-meaning  neighbor  of  the  other  party  were 
killing  each  other's  votes,  the  gambler,  the  law-defy- 
ing saloon-keeper  and  the  political  jobber,  tho  shout- 
ing party  war-cries,  were  quietly  voting  together  and 
securing  the  sinister  results  they  desired. 

The  exclusion  of  partizanship  from  municipal  af- 
fairs is  effected  through  those  provisions  of  the  Des 
Moines  charter  which  require  that  nominations  be 
made  in  definite  ways  new  to  municipal  politics  and 
making  the  manipulation  of  candidacies  impossible. 
The  law  permits  any  citizen  to  become  a  candidate  for 
mayor  or  councilman.  The  only  requirement  is  a 
petition  of  twenty-five  citizens  attesting  his  good 
character  and  fitness.  This  easily  obtained  document 
gives  him  all  the  advantages  gained,  under  the  old 
system,  only  by  years  of  "  work  for  the  party."  His 
name  goes  on  the  ballot  as  a  matter  of  course  and  in 
alphabetical  order.  Nothing  permitted  on  the  ballot 
indicates  any  candidate's  party  affiliation.  The  pri- 
mary election  records  the  candidate's  general  stand- 
ing with  the  public  as  an  aspirant  for  the  office  he 

[53] 


DETHRONEMENT   OF  THE   CITY  BOSS 

seeks.  It  is  not  necessary  for  him  to  spend  a  dollar. 
If  he  be  a  candidate  for  mayor,  his  right  to  have  his 
name  submitted  to  the  voters  at  the  second  or  regular 
election  depends  upon  his  polling  the  highest,  or  sec- 
ond highest,  vote  at  the  primary.  Neither  he  nor  the 
public  loses  any  substantial  right  by  his  name  being 
dropt  if  he  stand  third  or  lower  in  the  first  ballot- 
ing. It  can  hardly  happen  that  two  unworthy  men 
will  receive  the  highest  number  of  votes  in  such  an 
open  vote  of  an  entire  community.  If  both  the  nomi- 
nees are  worthy,  there  can  be  no  mistake  in  filling  the 
office  of  mayor  at  the  second  election.  If  one  be  un- 
fit and  one  well  qualified,  the  judgment  of  the  entire 
body  of  voters  is  likely  to  favor  the  latter.  If  both 
be  unworthy,  the  city  must  accept  one  and  rely  upon 
the  four  councilmen  or  upon  the  right  of  recall  to 
rectify  the  voters'  mistake.  From  the  beginning,  how- 
ever, the  electorate  are  spared  the  folly  of  making 
choice  of  an  administrative  officer  on  a  fundamentally 
incorrect  basis. 

If  the  candidate  aspire  to  a  place  at  the  head  of  one 
of  the  four  coordinate  departments,  his  ambition  can 
be  realized  only  by  the  deliberate  judgment  of  the 
voting  body  that  he  is  one  of  the  eight  best  men  in 
the  alphabetical  list  of  candidates  for  those  places 
voted  for  at  the  primary  election.  At  both  the  pri- 
[54] 


PARTIZANSHIP   ELIMINATED 

mary  and  regular  elections,  each  voter  may  vote  for 
one  candidate  for  mayor  and  four  for  councilmen ; 
but  the  eight  candidates  highest  in  the  first  poll  are 
the  ones  admitted  to  the  second.  The  voters  go  to 
the  polls  as  one  body.  No  appeals  to  "  vote  the 
straight  ticket "  can  be  made.  Partizanship  cannot 
be  worked  into  the  contest.  There  is  no  party  ticket, 
straight  or  otherwise.  Individual  ambition  or  desire 
for  public  service  has  brought  men  of  all  parties  and 
factions  into  the  contest  and  partizan  alignments  can- 
not be  effected.  The  fact  that  the  successful  candi- 
dates are  so  directly  responsible  to  the  public  and  are 
hedged  about  with  restrictions  preventing  their  poli- 
tical activity  destroys  all  incentives  for  political  ma- 
chines to  try  to  seize  the  administration.  An  or- 
ganization of  the  municipality  so  manifestly  in  the 
interest  of  the  prompt  and  efficient  conduct  of  the 
public  business  could  hardly  be  of  much  use  to  ma- 
chine politicians  in  any  event.  However  that  may 
be,  the  Des  Moines  plan  has  not  yet,  in  any  known 
case,  failed  to  establish  the  non-partizan  business  ad- 
ministration and  the  popular  sovereignty  it  was  aimed 
to  bring  about. 

False  issues  having  thus  been  kept  out  of  the  nomi- 
nation and  election  of  the  council  of  five  and  a  con- 
dition produced  in  which  the  voting  body  must  act 
[55] 


DETHRONEMENT   OF  THE   CITY   BOSS 

unitedly,  undivided  by  ward  and  party  lines,  the  pub- 
lic sentiment  in  favor  of  good  administration,  by 
competent  men,  not  only  moves  onward  harmoni- 
ously, but  the  popular  vision  of  the  city's  needs  as  to 
all  the  general  features  of  the  public  service  inevi- 
tably becomes  clearer.  Current  discussion  turns  in- 
evitably to  such  questions  as  the  best  system  of  book- 
keeping and  the  most  valuable  kinds  of  reports  and 
statistics  the  city  authorities  can  devise;  what  sort  of 
police,  health  and  fire  protection  the  municipality 
should  enjoy;  how  to  deal  with  the  smoke,  noise  and 
billboard  nuisances;  how  to  secure  the  cleanest  pos- 
sible streets  and  alleys;  what  disposition  should  be 
made  of  garbage;  what  plans  to  follow  in  dealing 
with  public  works ;  how  to  beautify  the  public  parks 
and  cemeteries  and  secure  playgrounds,  breathing 
places  and  decent  conveniences  for  the  people;  what 
policies  to  pursue  in  relation  to  market  houses,  intra- 
mural transportation,  and  private  lighting  and  tele- 
phone services;  the  proper  requirements  as  to  over- 
head and  underground  wires ;  the  housing  of  the 
poor;  proper  school  facilities  for  the  people  and  a 
multitude  of  subjects  long  neglected  in  American 
cities  or  thrust  aside  or  half-considered  because  party 
interests,  real  or  pretended,  have  monopolized  public 
attention  and  distracted  the  counsels  of  the  people. 
[56] 


PARTIZANSHIP   ELIMINATED 

Manifestly  there  is  no  better  promise  for  the  future 
of  American  cities  than  that  which  was  brought  into 
view  by  the  people  of  Des  Moines  when  they  adopted 
a  charter  which  removed  this  far-reaching  cause  of 
municipal  ills;  making  united  and  harmonious  public 
action  both  possible  and  easy,  and  insuring  the  con- 
centration of  popular  attention  upon  the  things  which 
make  for  the  well-being  of  the  people  and  the  restab- 
lishment  of  their  sovereignty. 


[57] 


VI 


DIRECT  AND  UNDIVIDED  RESPONSIBILITY 
ASSURED 

No  large  business,  either  public  or  private,  can  be 
efficiently  managed  unless  it  be  organized  on  correct 
principles.  The  essence  of  correct  organization  is  the 
asignment  of  definite  duties  to  well-defined  depart- 
ments, under  responsible  heads.  The  lines  of  de- 
marcation separating  the  departments  must  be  clear 
and  unmistakable,  so  as  to  reduce  questions  of  juris- 
diction to  a  minimum;  and  when  such  questions  nec- 
essarily arise,  as  they  will  in  the  best  managed  estab- 
lishments, they  must  be  disposed  of  promptly,  under 
well  understood  rules,  by  superintendents  or  man- 
agers whose  authority  is  unquestioned. 

In  precisely  this  respect  has  the  old-fashioned, 
hap-hazard  municipal  government  which  has  been 
modeled  after  our  state  and  national  governments 
most  signally  failed.  The  ward  alderman,  usually 
poorly  paid  and  devoting  most  of  his  time  to  his  pri- 
vate business,  has  been  little  more  than  a  go-between 
for  the  citizen  of  his  ward  seeking  service  from  a  city 
government  organized  to  evade  rather  than  accept 
[SB] 


DIRECT  AND  UNDIVIDED  RESPONSIBILITY 

responsibility.  Of  organization  to  transact  the  pub- 
lic business,  there  has  been  scarcely  a  thought. 
Everything  has  been  permitted  to  drift,  until  officials 
and  citizens  alike  have  looked  upon  the  city  govern- 
ment as  a  victim  for  all  to  prey  upon,  rather  than  a 
properly  constructed  instrumentality  for  performing 
normal  and  well-considered  service  for  the  public. 
In  Des  Moines  under  the  old  regime,  as  in  many  other 
cities  still  governed  under  charters  of  the  long-ac- 
cepted type,  the  city  hall  was  a  circumlocution  office, 
where  it  was  usually  impossible  to  find  any  official 
who  could  do  more  with  any  petition  or  complaint 
than  take  it  under  advisement  and  refer  it  to  some- 
body else  who  was  equally  unwilling  to  give  it  atten- 
tion. Matters  of  the  most  trifling  importance,  and 
weighty  affairs  as  well,  were  thus  kept  traveling  from 
one  office  to  another  for  months  and  even  years,  the 
delay  arising  from  no  other  cause  than  the  defective 
organization  of  the  working  forces  of  the  city. 

As,  in  a  private  business  so  conducted,  everything 
goes  wrong  and  much  of  the  time  of  wrangling  heads 
of  departments  and  subordinate  employees  is  wasted 
in  locating  the  blame  for  what  is  constantly  occur- 
ring, so  in  a  city  whose  administrative  framework, 
like  Topsy,  "  jest  growed,"  unsettled  questions  mul- 
tiply, officials  and  employees  grow  lazy  or  negligent 

[59] 


DETHRONEMENT   OF   THE   CITY   BOSS 

and  lose  their  ambition  to  excel,  while  those  who  are 
naturally  unscrupulous  find  their  opportunity  in  the 
inability  of  their  superiors  or  the  public  to  trace 
wrong-doing  to  its  responsible  source.  Men  who,  in 
a  well-managed  organization,  would  be  models  of  ef- 
ficiency, degenerate,  from  lack  of  proper  supervision 
or  adequate  system  or  surroundings  favorable  to  good 
service,  into  shirks,  loafers  and  grafters.  The  public, 
habituated  by  long  use  to  unsatisfactory  service, 
simply  deplores  the  bad  character  of  its  servants  and, 
shrugging  its  shoulders,  thanks  heaven  that  the  do- 
main of  municipal  service  is  no  broader  than  it  is. 

The  new  charter  of  Des  Moines  remedies  this  evil 
as  thoroughly  and  with  as  satisfactory  results  in  prac- 
tise as  it  does  away  with  the  evils  and  abuses  result- 
ing from  the  division  of  the  community  by  ward  and 
party  lines.  The  division  of  the  city's  administrative 
functions  among  four  coordinate  departments,  with 
a  free-handed  official  to  exercise  general  supervision 
over  them,  is  an  organization  inherently  correct  and 
tending,  by  its  very  structure,  to  produce  good  ser- 
vice. It  is  not  pretended  that  a  municipal  adminis- 
tration so  organized  could  not  be  mismanaged.  The 
resources  of  human  stupidity  in  the  direction  of  doing 
things  badly  are  too  generous  to  admit  of  carrying 
optimism  to  such  an  extent  as  that.  But  a  munici- 
[60] 


DIRECT  AND  UNDIVIDED  RESPONSIBILITY 

pality  organized,  as  by  this  form,  so  as  to  assign  cer- 
tain work  to  certain  departments,  locating  responsi- 
bility in  practically  every  case,  can  hardly  go  far 
wrong  in  the  hands  of  five  officials  chosen  in  this 
way  from  the  general  body  of  citizens.  With  the 
initiative,  referendum  and  recall  in  the  hands  of  the 
voters,  nothing  short  of  inconceivable  wrongheaded- 
ness  could  result  in  bad  management  proceeding  to 
great  lengths.  In  practise  thus  far,  the  results  have 
been  such  as  wholly  to  remove  any  such  apprehen- 
sion. The  new  system  not  only  attracts  abler  men 
into  the  service  of  the  city,  because  of  the  better  sal- 
aries paid  and  the  evidently  better  opportunities  to 
render  good  service,  but,  by  reason  of  the  direct  and 
undivided  responsibility  it  secures,  yields  vastly  better 
service  from  men  of  the  same  caliber  when  elected. 

By  concentrating  work  and  responsibility  in  the 
hands  of  five  men,  paying  them  reasonably  compensa- 
tory salaries,  requiring  them  to  devote  their  time  ex- 
clusively to  the  public  business  and  making  them  re- 
sponsible for  results  in  their  several  departments,  the 
Des  Moines  system  first  of  all  informs  the  citizens 
just  where  they  must  look  for  attention  to  any  par- 
ticular matter  which  they  may  wish  to  present  to  the 
city  government.  This  alone  marks  an  advance  upon 
the  old  methods  sufficient  to  justify  the  adoption  of 

[61] 


DETHRONEMENT   OF  THE   CITY   BOSS 

the  new  and  simple  form;  for  prompt  and  effective 
cooperation  between  the  individual  citizen  and  the 
municipality  in  adjusting  a  multitude  of  minor  mat- 
ters affecting  the  health,  safety,  comfort,  and  con- 
venience of  the  ordinary  man  and  his  family  will  con- 
tribute enormously  to  the  aggregate  happiness  of  the 
people.  This  ease  of  communication  between  the 
citizen  and  the  city  hall  is  the  least  of  the  advantages 
accruing  from  the  right  organization  of  the  munici- 
pality and  the  resultant  responsibility  of  its  officials. 
The  welfare  of  the  community  is  much  more  vitally 
affected  by  the  manner  in  which  its  larger  problems 
are  handled  than  by  results  arising  from  the  adjust- 
ment of  details  in  the  minor  relations  of  the  individ- 
ual man,  woman  and  child  to  the  city  government. 
When  the  city  succeeds  in  having  such  questions  as 
those  which  pertain  to  its  water  supply,  street  car  serv- 
ice, sewerage,  police  policies  and  subjects  of  equal 
gravity  dealt  with  by  really  responsible  officials,  its 
gains  quickly  pass  all  ordinary  computation.  The 
Des  Moines  plan  goes  as  widely  and  deeply  into  the 
possibilities  of  improvement  in  these  respects  as  it 
does  into  the  details  of  daily  administration.  An  ad- 
mirable unity  of  spirit  and  singleness  of  purpose  in 
the  governing  body  itself  has  been  found  to  be  pos- 
sible under  the  Des  Moines  system  as  exemplified  in 
[62] 


DIRECT  AND  UNDIVIDED  RESPONSIBILITY 

certain  cities.  In  Cedar  Rapids,*  an  Iowa  city  which 
adopted  the  charter  and  inaugurated  its  government 
at  the  same  time  as  Des  Moines,  the  council  of  five 
holds  daily  meetings  at  stated  hours  and  acts  prac- 
tically as  one  man  on  nearly  all  questions,  even  de- 
scending to  minute  details,  tho  deferring  largely  to 
each  member  in  his  own  department.  The  city  is 
therefore  able,  through  the  publicity  of  all  its  affairs, 
to  maintain  a  corporate  responsibility  of  the  council 
as  a  whole,  while  each  member  of  the  governing 
body  gains  a  valuable  insight  into  all  the  problems  of 
all  the  departments.  Limits  to  this  method  would, 
however,  naturally  be  reached  as  the  plan  was  adopted 
in  larger  cities,  rendering  it  necessary  to  rely  upon 
the  mayor,  through  his  powers  of  general  supervision, 
for  the  coordinating  influence  so  admirably  supplied 
by  the  council  as  a  whole  doing  this  large  work. 

During  the  discussion  which  preceded  the  adop- 
tion of  the  Des  Moines  charter,  the  fear  was  ex- 
prest  that  far-reaching  evils  would  result  from  the 
granting  of  large  enough  powers  to  the  council  of 
five  to  enable  them  to  proceed  with  the  public  busi- 
ness untrammeled  by  the  old-time  "  checks  and  bal- 
ances "  on  which  the  citizens  had  relied  in  vain,  but 
to  which  many  clung  with  almost  superstitious  at- 
*  See  Chapter  XIV. 
[63] 


DETHRONEMENT   OF  THE   CITY   BOSS 

tachment.  It  was  doubted  whether  the  five  members 
of  the  council  would  feel  the  responsibility  for  which 
the  framers  of  the  new  charter  had  so  painstakingly 
provided.  It  was  predicted  that  these  powers  would 
be  abused  and  an  oligarchy  established  by  the  five  of- 
ficials trusted  with  such  great  powers.  Such  appre- 
hension, it  must  be  said,  however,  was  in  no  case 
exprest  by  persons  familiar  with  large  and  success- 
fully conducted  business  operations.  Such  persons 
know  how  invariably  direct  responsibility  sobers  and 
steadies  him  upon  whom  it  rests  and  how  certainly 
well-digested  system  and  proper  organization  in- 
crease efficiency.  It  need  hardly  be  said  that  actual 
results  have  been  disappointing  to  all — in  that  the  plan 
has  worked  better  in  practise  than  its  most  ardent 
friends  expected. 

The  present  chapter  deals  with  such  direct  and  un- 
divided responsibility  of  the  mayor  and  council  as 
proceeds  from  an  inherently  sound  and  correct  or- 
ganization of  the  municipal  corporation.  It  should 
be  borne  in  mind  that  every  other  provision  of  the 
charter  harmonizes  with  and  reinforces  its  definite 
distribution  of  municipal  functions.  The  writers  of 
the  Des  Moines  charter  sought  to  combine  democracy 
and  efficiency  in  the  greatest  practicable  degree;  and 
they  succeeded  in  accomplishing  their  purpose. 
[64] 


VII 

POPULAR  SUPREMACY   REESTABLISHED 

While  democracy  has  made  almost  unprecedented 
strides  in  the  United  States  and  throughout  the  civil- 
ized world  during  the  first  decade  of  the  twentieth 
century,  it  must  be  admitted  that  in  American  cities 
it  has  proceeded  at  a  halting  pace  as  compared  with 
its  rapid  advances  in  the  rural  constituencies  and, 
through  them,  in  the  general  life  of  the  republic. 
Such  progress,  too,  as  it  has  made  in  our  cities  has 
been  in  spite  of  the  elaborately  republican  form  of 
government  which  they  have  inherited  from  the  past, 
with  its  complicated  machinery  for  preventing  en- 
croachments upon  each  other  by  executive,  legislative 
and  judicial  departments.  With  a  council  of  one  or 
two  houses  to  make  the  city's  laws,  a  mayor  to  exe- 
cute them  and  a  police  court  or  some  slight  shadow 
of  a  judiciary  to  interpret  them,  or  at  least  to  main- 
tain the  semblance  of  a  small  republic — each  of  these 
departments  not  only  watching  the  others,  but  actually 
serving  as  a  check  upon  them  and  maintaining  a  bal- 
ance which  retarded  municipal  action  sufficiently  to 

[65] 


DETHRONEMENT   OF   THE   CITY   BOSS 

create  the  appearance  of  deliberation — we  have  won- 
dered why  our  city  governments  have  not  given  us 
the  excellent  results  achieved  in  the  national  govern- 
ment and  most  of  the  states ;  why,  in  fact,  our  failure 
to  make  democratic  institutions  in  our  cities  success- 
ful has  become  a  growing  reproach  in  our  own  eyes 
and  in  the  opinion  of  the  world. 

As  the  government  of  our  cities  came  to  be  re- 
garded more  and  more  as  our  gravest  problem,  and 
as  students  of  this  problem,  returning  from  the  well- 
governed  cities  of  Europe,  reported  municipal  con- 
ditions putting  us  more  and  more  to  shame,  the  con- 
clusion was  forced  upon  us  that,  with  all  our  show  of 
popular  rule,  there  was  less  of  the  genius  of  genuine 
democracy  in  our  city  governments  than  in  those  of 
monarchical  Great  Britain  or  even  those  of  imperial 
Germany,  which,  in  their  stern,  paternalistic  fashion, 
were  conducted  with  at  least  a  decent  regard  to  the 
public  welfare,  while  with  us  the  public  interests  were 
in  many  cities  derisively  trampled  under  foot  by  self- 
appointed  bosses  and  their  insolent  retainers. 

As  municipal  conditions  in  this  country  were  more 
thoroughly  investigated  and  the  evils  of  which  we 
complained  traced  to  their  sources,  it  was  demon- 
strated that  practically  everything  bad  in  our  city 
politics  was  the  work  of  the  few  and  not  of  the  many ; 
[66] 


POPULAR   SUPREMACY   REESTABLISHED 

that  what  we  were  suffering  from  was  not  too  much 
democracy,  but  too  little,  and  that  the  clearly  indi- 
cated remedy  for  our  ills  was  not  less  democracy,  but 
more.  Such  conclusions  were  not  the  baseless  flat- 
teries of  demagogs  seeking  to  please  a  complacent 
canaille,  but  the  deliberate  judgments  of  men  who  had 
observed  and  tabulated  and  analyzed  the  facts  of  our 
municipal  decadence,  traced  evils  to  their  roots  and 
located  them  with  the  impartiality  of  science;  and 
who  would  with  equal  frankness  have  told  their 
story  if  it  had  put  the  shoe  on  the  other  foot. 

Democracy  was  not  without  fault  in  the  premises. 
It  had  furnished  to  the  boss  the  material  from  which 
he  had  trained  his  army  of  mercenaries,  paid  out  of 
the  public  treasury,  directly  or  indirectly,  for  pack- 
ing caucuses,  padding  registration  lists,  repeating, 
stealing  or  stuffing  ballot  boxes,  perpetrating  frauds 
in  the  counting  of  votes  and  doing  the  thousand  and 
one  more  or  less  criminal  or  disreputable  things 
which,  in  American  cities,  are  counted  as  "  helping 
the  party."  It  had,  with  only  occasional  outbursts  of 
righteous  indignation,  permitted  these  outrages  to  go 
on.  It  had  submitted  itself  to  the  leadership  of  men 
who  were  openly  responsible  for  such  evil  practises 
or  who  tacitly  accepted  the  rewards  of  partnership 
with  those  who  were.  It  had,  above  all,  permitted  it- 
[671 


DETHRONEMENT   OF  THE   CITY   BOSS 

self  to  be  divided  into  hostile  partizan  forces,  under 
banners  proclaiming  principles  not  at  all  at  stake  in 
the  city  elections  and  thereby  made  it  possible  for 
bold  and  unscrupulous  minorities  to  despoil  the  mu- 
nicipal treasuries.  The  indictment  against  democracy 
was  therefore  that  it  was  guilty  of  folly  and  sim- 
plicity rather  than  of  wilful  and  wanton  recreancy  to 
the  interests  of  the  community — its  own  interests. 

These  things  being  true,  it  remained  for  the  cities 
of  the  country  to  find  a  way  out  of  the  morass  of  cor- 
ruption, intimidation,  confusion  and  cross-purposes 
in  which  they  were  floundering;  to  devise  ways  and 
discover  means  whereby  democratic  simplicity  and 
patriotism  might  deliver  itself  out  of  the  hands  of 
the  enemy  that  beguiled  and  divided  it  and  thereby 
dethrone  and  overthrow  him.  And  far  more  effectu- 
ally than  they  themselves  realize,  the  citizens  of  the 
good  city  of  Des  Moines  have  accomplished  this  co- 
lossal task. 

If  the  five  citizens  of  Des  Moines  who  framed  the 
Des  Moines  plan  of  city  government  had  deliberately 
gone  to  work  to  devise  a  form  of  government  which 
should  be  the  nearest  possible  approach  to  pure  de- 
mocracy, or  direct  rule  of  the  people  acting  in  public 
assembly,  they  could  hardly  have  approximated  that 
result  more  closely  than  they  did  in  the  great  instru- 
[68] 


POPULAR   SUPREMACY   REESTABLISHED 

ment  they  prepared.  They  had,  in  fact,  no  such  in- 
tention. They  sought  to  produce  a  charter  which 
would  enable  the  people  of  Des  Moines  to  free  them- 
selves permanently  from  the  burdens  of  bad  govern- 
ment under  which  they  had  been  groaning.  They 
wished,  too,  to  frame  a  plan  which  would  command 
the  approval  of  a  most  critical  community,  a  com- 
munity which  had  studied  its  own  municipal  problem 
as  perhaps  no  other  American  community  has  done 
since  the  colonies  composing  the  confederation 
worked  out  the  constitution  of  the  United  States. 
They  thought  best,  too,  as  one  of  them  afterward 
said,  to  forestall  all  reasonable  opposition,  however 
radical,  and  close  every  mouth  that  was  capable  of 
uttering  effective  argument  against  the  bill  which 
they  were  about  to  have  introduced  in  the  state  leg- 
islature. 

The  result  was  certainly  ideal  from  the  standpoint 
of  militant  democracy.  Not  only  did  the  new  char- 
ter provide  a  method  of  electing  popular  representa- 
tives to  carry  on  the  business  of  the  city  whereby  the 
body  of  citizens  could  act  unitedly — in  fact,  could  not 
do  otherwise  so  far  as  the  traditional  ward  and  party 
lines  of  division  were  concerned — but  it  demolished 
the  last  shred  of  the  nomination  and  election  ma- 
chinery by  which  the  citizens  had  been  deluded  and 

[69] 


DETHRONEMENT   OF  THE   CITY   BOSS 

distracted  and  diverted  from  their  righteous  pur- 
poses. It  went  further  and  prescribed  a  form  of  or- 
ganization so  plain  and  simple  that  those  represen- 
tatives could  not  fail  to  carry  out  the  popular  will 
without  the  immediate  knowledge  of  every  man, 
woman  and  child  in  the  city.  It  thus  gave  to  de- 
mocracy the  ripest  fruit  of  modern  industrial  devel- 
opment— a  correct  form  of  business  organization, 
than  which  no  bank  or  railroad  or  trust  company  has 
or  can  have  a  better. 

But  it  did  not  stop  there.  By  the  initiative,  refer- 
endum, protest  and  recall,  it  put  democracy  in  as  com- 
plete control  of  the  management  of  the  municipality 
as  human  ingenuity  could  do;  providing  direct,  sim- 
ple and  easily  operated  instrumentalities  for  com- 
pelling the  public  representatives  to  respect  the  wishes 
of  the  people,  both  affirmatively  and  negatively,  or 
submit  to  the  penalty  of  involuntary  retirement  at  the 
behests  of  the  people,  with  ways  and  means  for  the 
enforcement  of  the  extremest  decree  within  easy  ac- 
cess. If  any  element  of  popular  supremacy  was 
omitted,  the  writer  has  been  unable  to  discover  what 
it  is. 

Yet  the  student  of  the  charter  will  examine  it  in 
vain  for  any  undue  or  impracticable  extension  of  the 
powers  of  the  people.  They  are  not  to  do  anything 
[70] 


POPULAR  SUPREMACY   REESTABLISHED 

which  they  are  incapable  of  doing,  or  which  their 
chosen  representatives  would  do  better  than  a  great 
constituency,  acting  directly,  could  do  it.  The  people 
are  to  nominate  and  elect  these  five  members  of  the 
council  who  are  to  represent  them  and  be  so  fully  re- 
sponsible to  them.  They  are  given  power  to  initiate 
desired  legislation  which  these  five  men  fail  to  pass 
and  to  compel  its  enactment  or  themselves  enact  it. 
They  may  recall  any  or  all  of  these  servants  if  re- 
creant to  their  duty.  All  these  are  large,  simple  and 
direct  exercises  of  power,  for  which  the  people  are 
well  qualified.  And  these  few,  simple  powers  are 
ample  so  far  as  establishing  and  maintaining  a  demo- 
cratic regime  are  concerned.  They  make  the  people 
as  fully  dominant  in  the  city  as  John  D.  Rockefeller, 
Edward  H.  Harriman  or  J.  Pierpont  Morgan  ever 
was  in  a  private  corporation. 

In  short,  the  framers  of  the  charter  paid  the  com- 
pliment to  democracy  of  attributing  to  it  the  willing- 
ness to  rule  in  a  large  way  and  to  accept  the  substance 
of  power  and  surrender  petty  exercises  of  it  to  sub- 
ordinates. Democracy  can  well  afford  to  permit  its 
servants  to  select  their  subordinates  if  it  can  reserve 
the  right  and  power  to  hold  the  former  responsible 
for  results.  And  democracy  never  appears  to  so  good 
advantage  as  when  it  cheerfully  permits  its  agents  to 
[71] 


DETHRONEMENT   OF   THE   CITY   BOSS 

select  such  experts  as  may  be  required  to  do  its  tech- 
nical work.  Under  the  Des  Moines  plan,  the  public 
permits  its  responsible  officers  to  choose  engineers, 
lawyers  and  other  experts  and  fix  their  compensation. 
In  so  doing,  it  records  a  substantial  forward  step  in 
self-mastery  and  in  demonstrated  fitness  for  the  re- 
sponsibilities of  self-government. 


[72  J 


VIII 

PUBLICITY   GUARANTEED    BY   LAW 

The  question,  "  Who  owns  the  city  ?  "  is  as  old  as 
popular  government  of  cities.  It  lies  at  the  founda- 
tion of  the  whole  argument  for  democracy  in  munici- 
pal affairs.  Mistakes  are  on  record  at  both  ends  of 
the  proposition — as  shown  by  the  amusing  naivete  of 
the  three  tailors  of  Tooley  street  who  passed  reso- 
lutions in  which  they  figured  as  "  We,  the  people  of 
England,"  and  hardly  less  forcibly  by  the  assurance 
with  which  men,  "  clothed  with  a  little  brief  author- 
ity," have  either  set  up  the  spoken  claim,  "  I  am  the 
state,"  or  demonstrated  a  strong  and  overweening 
sense  of  proprietorship  of  it  in  dealing  with  those 
temporarily  in  their  power.  This  trait  of  human  na- 
ture has  long  been  prominent  in  the  attitude  of  city 
officials  toward  citizens  seeking  information  at  city 
halls  in  this  democratic  country.  If  not  flatly  told  to 
go  about  their  business,  inquirers  have  often  been 
given  to  understand  that  they  were  seeking  favors  at 
the  hands  of  masters  rather  than  calling  for  service 
from  those  obligated  to  render  it.  Even  when  there 
[73] 


DETHRONEMENT   OF   THE   CITY   BOSS 

was  no  motive  for  concealment,  the  dearth  of  reliable 
information  about  municipal  affairs  has  been  a  uni- 
versal cause  for  complaint. 

Proceeding  on  their  rule  of  omitting  no  remedy  for 
municipal  ills  regarded  by  respectable  authorities  as 
necessary  or  useful,  the  framers  of  the  Des  Moines 
charter  were  as  thoroughgoing  in  their  provisions  for 
publicity  regarding  all  phases  of  municipal  business 
as  if  the  success  of  the  plan  depended  upon  that  alone. 
Every  act  of  the  five  members  of  the  council  from  the 
moment  they  become  candidates  until  they  retire  from 
office  is  performed  in  the  broad  light  of  public  obser- 
vation. They  must  publish  itemized  statements  of 
their  campaign  expenses  and  the  sources  from  which 
the  money  was  obtained;  this  requirement  being 
taken  from  the  state  law.  After  their  election  the  re- 
quirements become  very  specific.  Every  meeting  of 
the  council  at  which  any  person  not  a  city  officer  is 
present  must  be  open  to  the  public.  Every  motion, 
resolution  and  ordinance  must  be  reduced  to  writing 
and  the  yea  and  nay  vote  upon  it  recorded.  Every 
ordinance  or  resolution  appropriating  money  or  mak- 
ing or  authorizing  any  contract  or  granting  any  fran- 
chise or  right  to  occupy  or  use  the  streets,  highways, 
bridges,  or  public  places  of  the  city  for  any  purpose 
must  be  held  open  for  public  inspection  in  its  final 
[74] 


PUBLICITY  GUARANTEED   BY   LAW 

and  complete  form  at  least  one  week  before  its  adop- 
tion. A  detailed  itemized  statement  of  all  receipts 
and  expenses  of  the  city  and  a  summary  of  the  pro- 
ceedings of  the  council  for  the  preceding  month  must 
be  published  in  pamphlet  form  each  month;  and  at 
the  end  of  each  year  the  council  must  cause  a  full  and 
complete  examination  of  all  the  books  and  accounts 
of  the  city  to  be  made  by  competent  accountants  and 
the  result  published  in  like  manner.  The  charter- 
makers  showed  by  heaping  precaution  upon  precau- 
tion their  determination  that  nothing  should  be  done 
in  a  corner. 

Like  every  other  vital  provision  of  the  plan,  the 
publicity  measures  are  cumulative  to  other  require- 
ments intended  to  establish  public  control  of  every 
conceivable  future  contingency;  and  the  prohibition 
of  outlays  of  money  without  a  week's  delay  in  each 
case  perhaps  exemplifies  the  tendency  of  reformers  to 
go  to  extremes.  A  councilman  elected  by  the  people, 
directly  responsible  to  and  removable  by  them,  might 
be  trusted  to  make  some  small  expenditures,  of  which 
he  must  make  a  record,  without  a  delay  that  might 
work  injury.  This  is  not  the  way  of  the  ablest  busi- 
ness man.  He  relies  implicitly  upon  the  definite  re- 
sponsibility he  imposes  under  proper  safeguards  and 
gives  his  department  heads  generous  power  to  act, 

[75] 


DETHRONEMENT   OF   THE   CITY   BOSS 

even  in  the  expenditure  of  money  and  the  signing  of 
checks. 

There  is  no  question,  however,  about  the  value  of 
publicity  as  an  incentive  to  good  service  and  a  re- 
straint upon  abuses  of  authority.  Its  power  is  espe- 
cially great  in  countries  like  ours,  where  the  dis- 
position to  defer  to  the  opinion  of  the  majority  is 
sometimes  even  too  strong.  The  veriest  corruptionist 
in  the  land  wishes  to  be  thought  well  of  by  his  neigh- 
bors and  looks  forward  to  the  day  when,  having 
"  made  his  pile  "  at  the  public  expense,  he  may  re- 
tire to  exemplify  the  virtues  he  now  only  imitates. 
His  ostentatious  charities,  carefully  bestowed  where 
a  commensurate  harvest  of  votes  may  be  counted  upon, 
reveal  his  craving  for  popular  applause  as  truly  as 
they  measure  his  craft.  Even  his  boasted  courage  in 
defying  popular  clamor  while  delivering  his  vote,  for 
a  consideration,  to  a  public  enemy,  is  a  bid  for  admir- 
ation and  a  confession  of  his  fear  of  public  opinion. 

But  the  fight  for  good  government  is  more  against 
inefficiency  than  against  outright  bribery  and  corrup- 
tion; and  fortunately,  the  publicity  so  fully  guaran- 
teed by  the  Des  Moines  form  of  city  government 
is  as  effectual  in  raising  the  standards  of  efficiency 
as  it  is  in  deterring  wrongdoers  from  carrying 
their  malfeasance  to  extremes.  The  comprehensive 
[76] 


PUBLICITY   GUARANTEED   BY  LAW 

monthly  and  annual  reports  which  the  department  of 
finances  and  accounts  is  by  law  required  to  make  pub- 
lic cannot  but  have  a  tendency  to  react  favorably  upon 
every  part  of  the  working  force  of  the  city  in  all  its 
departments.  If  these  reports  are  not  what  they 
should  be,  they  will  inevitably  demonstrate  that  the 
bookkeeping  of  the  city  is  not  up  to  the  proper  stand- 
ard and  lead  to  a  rectification  of  that  most  important 
part  of  the  detail  work  of  the  administration.  Any 
business,  whether  public  or  private,  whose  bookkeep- 
ing is  not  simple,  direct,  complete  and  illuminatingly 
helpful  to  every  department  it  maintains  is  lacking  in 
one  of  the  fundamentals  of  success. 

The  cities  of  this  country  are  greatly  indebted  to 
the  New  York  Bureau  of  Municipal  Research  for  the 
practical  demonstrations  it  has  furnished  that  good 
bookkeeping  is  one  of  the  surest  roads  to  good  gov- 
ernment, even  under  the  worst  general  auspices;  and 
also  for  its  insistence  upon  the  preparation  of  statis- 
tical data  based  upon  and  computed  in  comparable 
units. 

The  famous  couplet  by  Pope — "  For  forms  of 
government  let  fools  contest;  What's  best  adminis- 
ter'd  is  best " — contains  but  a  half  truth,  but  its  ker- 
nel of  most  real  value  is  the  warning  it  conveys  to 
those  who,  in  public  and  private  affairs  alike,  rely  too 

[77] 


DETHRONEMENT  OF  THE   CITY   BOSS 

implicitly  upon  forms  and  systems.  In  this  aspect  oi 
the  question,  it  becomes  plain  that  the  best  that  can 
be  said  for  the  new  charter  is  that  its  establishment 
of  a  responsible  department  of  finances  and  accounts 
has  a  necessary  tendency  to  bring  about  improve- 
ments in  the  city's  records  and  accounts;  that  the 
simplicity  of  the  city's  organization  into  clearly-de- 
fined departments  has  a  like  tendency;  and  that  the 
requirement  of  frequent  detailed  reports  and  their 
distribution  to  the  public  is  a  further  guarantee  that 
the  books  and  records  of  the  municipality  will,  as  the 
years  go  by,  be  better  and  better  kept,  so  as  to  shed 
more  and  more  light  on  what  the  city  is  doing  and 
prove  increasingly  helpful  in  getting  the  public  work 
well  done. 

It  does  not  follow,  of  course,  that  every  city  operat- 
ing under  the  Des  Moines  form  of  government  has 
good  bookkeeping.  It  is  possible  in  a  business  other- 
wise well  organized  and  capably  manned  to  find  the 
books  and  records  elaborate,  complicated,  and  tech- 
nical to  a  fault,  so  as  to  throw  "  a  flood  of  darkness  " 
on  the  situation  from  day  to  day;  and  it  is  well  for 
those  who  champion  the  new  plan,  which  they  can 
hardly  too  confidently  and  earnestly  do,  to  remember 
that  it  is,  after  all,  but  a  good  system,  making  it 
much  easier  to  accomplish  good  results,  but  not  ren- 
[78] 


PUBLICITY   GUARANTEED   BY   LAW 

dering  it  impossible  to  go  wrong.  Indeed,  as  to  its 
guarantees  of  publicity  as  in  relation  to  all  its  many 
excellencies,  the  highest  praise  that  can  truthfully  be 
given  to  the  Des  Moines  plan  is  that  it  renders  it 
easier  for  the  people  to  secure  the  services  of  faithful 
and  capable  men  and  for  those  so  chosen  to  make 
good  records  of  service.  It  is  not  a  political  cure-all 
which,  once  obtained,  protects  the  possessor  from  all 
future  aches  and  pains. 


[79] 


IX 


THE   MERIT  SYSTEM   EXTENDED   AND 
STRENGTHENED 

Des  Moines  was  under  a  fairly  good  civil  service 
law  for  several  years  before  its  reincorporation  under 
the  present  plan  of  government.  The  statute  was  ad- 
ministered by  commissioners  appointed  by  a  "  ma- 
chine "  city  government,  but  not  without  the  favor- 
able reflex  result  which  even  a  pretense  of  regulating 
tenure  by  merit  insures.  The  spoils  system  was  by 
no  means  a  bed  of  roses  for  the  old-style  politician, 
who  was  often  at  his  wits'  end  to  find  places  for  all 
of  "  the  boys  "  to  whom  he  was  indebted  for  support ; 
and  civil  service  rules,  loudly  denounced  when  used 
as  an  excuse  for  failure  to  dispense  desired  patron- 
age, tho  hypocritically  praised  in  the  dress  parade  of 
politics,  were  a  convenience  gratefully  enjoyed  when 
there  were  more  mouths  to  fill  than  there  were  titbits 
to  distribute.  The  fire  department  had  thus  been 
raised  to  a  creditable  degree  of  efficiency ;  and  the 
police  service  was  noticeably  better  than  in  the  days 
[80] 


THE   MERIT  SYSTEM   EXTENDED 

when  every  city  election  was  likely  to  be  followed  by 
a  change  of  the  entire  personnel  of  the  force. 

The  new  charter  not  only  cut  away  the  dead  wood 
of  ward  and  partizan  politics  and  placed  elections  on 
the  basis  of  merit,  but  extended  the  merit  system  to 
practically  all  appointive  positions.  It  was  so  framed 
as  to  protect  all  firemen,  policemen  and  other  em- 
ployees who  were  serving  under  the  old  civil  service 
rules  from  wholesale  changes  or  even  from  being  sub- 
jected to  new  tests.  All  appointments  were  required 
to  be  made  on  the  ground  of  fitness  alone  and  re- 
movals must  be  for  cause,  duly  stated,  with  the  privi- 
lege of  a  hearing  before  the  head  of  the  department 
and  an  appeal  to  the  council.  There  were,  in  fact, 
but  few  changes;  and,  under  the  better  conditions 
speedily  evolved  after  the  new  government  was  in- 
stalled, in  the  cleaner  and  clearer  atmosphere  of  a 
genuinely  reform  administration,  men  whose  service 
had  been  but  indifferent  became  alert,  faithful,  dili- 
gent and  efficient  servants  of  the  city. 

The  charter  provided  for  the  appointment  of  a  new 
civil  service  commission,  holding  over  in  part  from 
one  administration  to  another,  because  the  commis- 
sioners' term  is  six  years  while  that  of  members  of 
the  council  is  two;  and  the  terms  were  so  arranged 
that  one  must  retire  or  be  reappointed  every  two  years. 

[81] 


DETHRONEMENT   OF   THE   CITY   BOSS 

Competitive  examinations,  of  a  practical  rather  than 
technical  character,  are  required  for  the  great  body 
of  city  employees  and  the  commission  must  furnish 
lists  of  eligibles  from  which  the  working  forces  of  the 
departments  are  replenished.  There  was  less  con- 
structive work  for  the  charter  committee  to  do  in  this 
than  in  certain  other  directions,  but  what  it  did  was 
done  well.  No  ground  was  left  for  the  spoils  system 
as  a  system  to  stand  upon,  altho,  of  course,  it  would 
be  impossible  to  devise  a  scheme  of  civil  service  regu- 
lations the  spirit  of  which  a  determined  spoilsman 
could  not  at  times  disregard  or  bend  its  provisions  to 
his  purpose.  The  task  of  the  charter-makers  here,  as 
elsewhere,  was  lightened  by  the  fact  that  the  entire 
structure  of  the  plan  the  public  committed  to  them  to 
make  was  favorable  to  fidelity  and  efficiency  in  the 
public  service. 

It  is  needless  to  dwell  upon  the  reasons  which 
prompted  the  citizens  of  Des  Moines  to  extend  and 
fortify  the  merit  system  already  in  operation  in  their 
local  administration.  Whatever  may  be  thought  of  the 
Des  Moines  plan  of  banishing  partizanship  from  mu- 
nicipal elections,  and  unifying  the  city  constituency 
by  wiping  out  ward  lines  for  all  but  minor  purposes ; 
and  however  much  those  unfamiliar  with  its  workings 
may  question  the  utility  of  the  double  city  election  and 
[82] 


THE   MERIT  SYSTEM   EXTENDED 

other  peculiarities  of  the  Des  Moines  system,  few  will 
be  left  to  assail  that  feature  of  the  charter  which  insists 
upon  merit  as  the  sole  basis  of  appointments  and  holds 
that  ordinary  municipal  employees  should  be  remov- 
able only  for  cause.  Civil  service  reform  is  now  thor- 
oughly intrenched  in  the  favorable  opinion  of  the 
American  people  and  is  destined  to  gain  rather  than 
lose  ground  in  the  coming  years. 

How  perfectly  the  merit  system  harmonizes  with 
every  other  salient  feature  of  the  Des  Moines  plan  will 
readily  appear.  Every  change  required  in  the  intro- 
duction of  the  new  charter  cries  loudly  for  good  serv- 
ice and  looks  for  the  man  or  woman  who  can  render 
it  instead  of  regarding  the  office  as  a  benefit  to  be  be- 
stowed upon  some  person,  whether  as  a  reward  for 
political  service  or  not.  The  point  of  view  is  diamet- 
rically reversed.  The  ward  worker  has  ceased  to  be 
useful  or  needful  and  the  occasion  for  remembering 
him  to  the  detriment  of  the  public  service  has  passed. 
He  is  no  longer  feared,  or  the  candidate  who  feared 
him  has  dropt  out  of  the  public  view.  The  press  no 
longer  gossips  about  the  distribution  of  party  spoils  or 
assumes  that  this  or  that  offensive  partizan  will  be 
taken  care  of  when  the  plum  tree  is  shaken.  Local 
discussion  is  now  upon  improvements  in  the  public 
service  that  are  looked  for.  The  very  movement  for  a 
[83] 


DETHRONEMENT  OF  THE   CITY   BOSS 

change  of  charter  and  the  agitation  attendant  upon  its 
adoption  have  educated  the  community  to  believe  that 
better  things  are  possible  under  a  more  directly  respon- 
sible and  better  organized  government.  Othello's  oc- 
cupation is  indeed  gone. 

And  while  a  broadly  sympathetic  society  cannot  look 
with  indifference  upon  the  misfortunes  of  those  who 
are  excluded  from  public  employment  by  the  stricter 
tests  which  the  merit  system  applies  and  will  look  far 
for  ways  and  means  of  opening  avenues  of  opportunity 
for  all,  weak  and  strong,  fit  and  unfit,  it  is  a  perverted 
sympathy  which  would  make  the  public  service  a  ref- 
uge for  the  weak,  vicious  and  incompetent.  As  the 
functions  of  our  local,  state  and  national  governments 
are  enlarged,  it  becomes  more  imperative  that  character 
and  competency  be  the  sole  qualifications  for  office ; 
and  this  not  only  because  the  good  of  the  service  re- 
quires it,  but  because  it  is  right  that  the  public  service 
be  kept  open,  on  just  and  equal  terms,  to  the  deserving 
of  each  rising  generation,  thereby  broadening  the  real 
opportunities  of  all.  It  is  wrong  that  selfishness  and 
corruption  should  use  public  patronage  as  a  form  of 
bribery,  thereby  dulling  the  prevailing  official  sense  of 
duty.  And  the  demoralization  and  final  collapse  of  our 
institutions  would  surely  follow  a  reversion  to  the 
vicious  doctrine,  "  To  the  victor  belong  the  spoils." 
[84] 


THE   MERIT   SYSTEM   EXTENDED 

We  escaped  the  blight  of  the  spoils  system  none  too 
soon.  A  well-governed  society,  too,  can  and  will  be 
more  efficient  in  caring  for  all  its  unfortunates  than  a 
regime  permitting  corruption  of  the  fountain-heads  of 
government  and  fostering  debased  ideals  of  citizenship 
and  service. 


[85] 


X 

FRANCHISES  SAFEGUARDED 

It  has  been  a  truism  for  many  years  that  the  munici- 
pal ownership  or  operation  of  gas,  electric  light,  and 
water  works,  telephone  systems  and  street  railroads 
was  attended  with  great  dangers  so  long  as  the  civil 
service  of  our  cities  was  on  a  spoils  basis.  With  equal 
cogency  it  might  be  said  that  the  private  ownership  of 
these  public  services  was  a  source  of  peril  so  long  as 
the  civil  service  was  dominated  by  the  spoilsman.  The 
city  of  Des  Moines  had  not  at  any  time  for  at  least  a 
quarter  of  a  century  been  free  from  some  disturbing 
question  arising  from  its  relations  with  the  private  cor- 
porations supplying  it  with  water,  gas,  and  electric 
light  and  power,  and  conducting  its  street  railroad 
service.  Questions  of  rates,  service,  and  facilities  and 
relative  to  the  granting,  renewal  and  extension  of  fran- 
chises, assessments,  taxation,  reports  of  earnings,  issu- 
ance of  bonds  and  stocks  and  a  multitude  of  other  mat- 
ters constantly  recurred.  Loud  and  bitter  complaints 
were  made  of  the  participation  of  these  corporations  in 
municipal  politics  and  the  corruption  by  their  repre- 
[86] 


FRANCHISES   SAFEGUARDED 

sentatives  of  voters,  officials  and  newspapers.  There 
were  repeated  exposures  of  the  actual  or  attempted 
payment  of  large  amounts  of  money  to  editors  and 
aldermen;  and  the  suspicion  that  much  was  going  on 
that  did  not  come  to  the  surface  was  constantly  in  the 
public  mind,  angering  the  citizens  and  producing  dis- 
gust and  discouragement  in  the  hearts  of  many.  The 
cynical  assertion  of  one  local  "  magnate  "  that  he  did 
not  take  part  in  city  politics  because  he  had  found  it 
cheaper  to  buy  aldermen  after  they  were  elected  than 
to  elect  them  was  often  quoted  and  the  sudden  con- 
version of  pretended  reformers  in  the  old  city  council 
to  views  favorable  to  this  or  that  corporation  cited  in 
proof  that  votes  in  the  council  chamber  were  bought 
and  sold. 

Indeed,  the  real  alignment  of  the  membership  of 
the  city  councils  for  many  years  had  been  sought 
back  of  their  party  affiliations  in  their  attitude  for  or 
against  the  public  service  corporations,  all  of  which 
were  accused  of  being  in  alliance  with  the  local  poli- 
tical "  machine,"  city,  state  and  federal,  for  the  pur- 
pose of  controlling  and  despoiling  the  city. 

It  will  be  noted  that  the  classification  was  rawly 

"  for  "  or  "  against "  these  corporations,  and  bore  no 

close  relation  to  the  justice  of  the  matters  in  question. 

It  was  the  bane  of  the  situation  that  the  position  of 

[87] 


DETHRONEMENT   OF   THE   CITY   BOSS 

the  official  who  simply  desired  fair  inquiry  into  the 
facts,  in  order  that  ordinary  justice  be  done,  was 
practically  untenable,  and  that  the  large-minded  man 
who  maintained  a  judicial  attitude  fell  under  the  same 
odium  and  suspicion  as  the  sandbagger  who,  having 
insincerely  introduced  his  rate-reducing  or  franchise- 
cancelling  or  assessment-raising  measure,  began  to 
maneuver  with  reference  to  a  financial  consideration 
for  its  abandonment. 

It  goes  without  saying  that  this  was  an  intolerable 
condition  of  affairs.  It  is  a  debatable  question,  per- 
haps, whether  cities  should  entrust  their  water  sup- 
ply or  other  indispensable  service  to  profit-seeking 
corporations ;  but,  the  franchise  once  granted,  no  rea- 
sonable person  will  deny  that  those  who  have  in- 
vested their  capital  in  such  enterprises  should  be 
treated  with  the  same  fairness  as  other  investors,  and 
that  they  should  be  opposed  only  in  wrong-doing. 
To  be  "  for  "  or  "  against "  them  on  general  prin- 
ciples is  absurd.  Yet  this  was  the  status  of  affairs  in 
Des  Moines  for  a  generation;  and  it  is  pretty  nearly 
the  average  situation  in  the  cities  of  this  country 
which  are  in  contract  relations  with  their  public  ser- 
vice companies  and  have  to  transact  business  with 
them  through  the  typical  American  city  council. 

The  new  charter  of  Des  Moines  put  the  ax  directly 
[88] 


FRANCHISES   SAFEGUARDED 

to  the  root  of  this  evil,  first,  by  reorganizing  the  city 
government  so  as  to  substitute  a  directly  responsible 
council,  chosen  by  and  representative  of  the  entire 
city,  for  the  irresponsible  ward  representatives  it  had 
formerly  submitted  to;  secondly,  by  reserving  to  the 
citizens,  for  use  in  emergencies,  every  power  of  action 
upon  such  questions  and  also  that  of  recalling  the  un- 
faithful member  of  the  council,  and  thirdly,  by  a  di- 
rect provision  that  no  franchise  should  be  binding 
unless  first  endorsed  by  popular  vote. 

Opinions  may  differ  as  to  the  relative  value  of  the 
multitude  of  precautions  thus  taken  to  prevent  the 
bartering  away  of  valuable  privileges  in  the  city's 
streets;  but  there  can  be  but  one  opinion  as  to  the 
adequacy  of  all  of  these  safeguards  combined  for  the 
protection  of  the  public  interests.  At  the  heart  of  it 
all,  however,  can  be  found  incalculable  benefits  to 
both  sides  of  the  controversy.  The  people  will  profit 
by  the  securing  of  their  rights  for  all  future  time  and 
by  the  establishment  of  their  local  government  on  a 
foundation  making  it  useless  for  any  private  interest, 
however  powerful  and  wealthy,  to  attempt  to  corrupt 
or  control  it.  The  corporations  will  derive  the  corre- 
sponding benefit  of  being  relieved  of  much  unjust 
odium  and  suspicion  and  by  the  public's  disposition  to 
accord  them  voluntarily  the  justice  it  would  not  per- 

[89] 


DETHRONEMENT   OF   THE   CITY   BOSS 

mit  them  to  obtain  by  corrupt  means  or  by  interfer- 
ence in  elections. 

The  improvement  in  the  relations  between  the  city 
and  the  franchise  corporations  which  may  be  inferred 
from  the  very  structure  of  the  new  government  is 
plainly  visible  in  the  course  of  events  in  Des  Moines. 
Believing  in  their  own  representatives  at  the  city  hall 
and  at  the  same  time  knowing  that  betrayal  of  the 
interests  of  the  city  could  not  now  be  accomplished, 
the  citizens  no  longer  show  alarm  or  express  sus- 
picion when  city  officials  confer  or  negotiate  with 
representatives  of  the  public  service  corporations. 
Nor  is  there,  as  there  formerly  was,  a  disposition  to 
demand  hostility  to  these  interests.  The  people  are 
experiencing  in  their  own  sentiments  the  disposition 
to  moderation  which  the  reality  of  power  always  im- 
ports. Democracy  cheated  out  of  its  birthright  is 
dangerous  to  friend  and  foe  alike.  Democracy  en- 
throned is  tolerant,  patient  and  just. 

It  is  easy,  in  the  enthusiasm  begotten  of  a  change 
that  is  radical  and  far-reaching  in  its  beneficence,  to 
overestimate  the  importance  of  its  contribution  to  hu- 
man advancement.  As  city  after  city,  in  all  parts  of 
the  country,  awakens  to  the  opportunities  for  munici- 
pal betterment  demonstrated  in  the  Des  Moines  plan, 
its  friends  are  cheered  by  larger  and  larger  visions  of 

[9o] 


FRANCHISES   SAFEGUARDED 

blessings  to  accrue  to  millions  of  dwellers  in  cities  by 
a  reform  so  genuine  and  thorough.  In  this  optimistic 
frame  of  mind  they  perhaps  expect  too  much;  but 
they  certainly  do  not  greatly  exaggerate  the  benefits 
to  be  derived  from  a  radically  democratic  city  charter 
in  settling  trie  vexed  question  of  how  to  deal  with  the 
public  service  corporation.  The  present  constitution 
of  the  United  States  does  not  surpass  "  the  rope  of 
sand "  it  superseded  more  distinctly  than  the  Des 
Moines  plan  excels  the  older  types  of  city  charter  in 
making  possible  the  solution  of  such  problems. 


[91] 


XI 

CAUSES   OF   CORRUPTION   REMOVED 

Des  Moines,  tho  not  an  exceptionally  badly  gov- 
erned city  under  the  old  regime,  does  not  have  to 
go  outside  its  own  history  for  examples  of  nearly  all 
kinds  of  municipal  corruption.  By  prohibiting  prac- 
tically everything  its  machine  politicians  had  been 
doing  for  years,  the  charter  committee  were  able  to 
draft  a  pretty  comprehensive  code  of  laws  against  the 
whole  round  of  prevalent  and  possible  malfeasance. 
Several  members  of  the  last  city  council  before  the 
new  government  came  in  were  in  profitable  contract 
relations  with  the  public  service  corporations ;  and  the 
practise  was  unblushingly  defended  in  the  council 
chamber  by  its  beneficiaries.  In  the  then  existing 
state  of  public  sentiment,  many  saw  no  impropriety  in 
these  officials  accepting  lucrative  contracts  from  con- 
cerns which  might  shortly  be  before  them  with  ap- 
plications for  valuable  concessions  or  more  or  less 
questionable  claims  for  large  amounts  of  money.  The 
acceptance  of  free  service  or  special  rates  from  these 
corporations  was  no  uncommon  practise  among  the 
[92] 


CAUSES   OF  CORRUPTION   REMOVED 

aldermen.  It  was  more  than  whispered  that  members 
of  the  city  council  were  directly  or  indirectly  inter- 
ested in  contracts  for  labor  or  materials  for  the  city. 
The  methods,  too,  by  which  certain  aldermen  secured 
and  held  their  places  in  the  council  were  open  to  cen- 
sure. Bribery  of  voters  was  shamelessly  practised. 
Ballot  boxes  had  been  stolen  or  unlawfully  exposed 
to  manipulation  before  the  count  of  votes.  The  ma- 
chinery of  elections  and  nominations  was  often  kept 
in  the  hands  of  reckless  and  unscrupulous  men  and 
in  some  cases  of  actual  criminals.  Judges  of  election 
or  agents  of  "  the  city  hall  ring  "  unlawfully  admitted 
to  seats  beside  them  were  seen  to  "  kill  "  ballots  un- 
friendly to  the  ruling  cabal  by  putting  additional 
pencil  marks  upon  them  so  that  they  must  be  thrown 
out.  Returns  from  the  "  tough  "  precincts  were,  in 
close  elections,  held  back  until  the  machine  could  de- 
termine how  many  votes  were  needed  to  hold  it  in 
power;  which  number,  with  a  safe  margin,  was  sus- 
piciously forthcoming.  The  scandal  of  aldermen  ac- 
cepting contracts  which  a  decent  regard  for  the  pro- 
prieties would  have  impelled  them  to  refuse  became 
so  glaring  that  the  citizens  organized  a  "  scratchers' " 
movement  with  "  no  contractors  in  the  council  "  as 
its  war  cry  and  urged  that  partizanship  be  dropt  for 
once  and  the  public  interests  treated  as  paramount 

[93] 


DETHRONEMENT   OF  THE   CITY   BOSS 

to  political  expediency.  The  response  far  exceeded 
the  expectations  of  the  city  hall  element,  and  it  was 
believed  that  a  reform  mayor  and  council  were 
elected;  but  the  election  machinery  was  in  the  hands 
of  those  who  defended  the  offensive  practise;  and, 
after  a  few  hours'  ominous  silence,  it  appeared  that 
the  ring  had  elected  its  candidates  for  mayor  and  a 
majority  of  the  aldermen,  by  small  but  sufficient  ma- 
jorities. 

The  "  scratchers' "  movement  educated  the  city  to 
look  upon  partizanship  in  city  elections  as  folly;  and 
the  methods  by  which  it  was  defeated  aroused  the 
community  to  a  righteous  determination  to  make  an 
end  of  the  whole  corrupt  system.  The  defeat  of  the 
reform  movement  at  that  time  was,  in  the  long  run, 
most  fortunate.  Had  it  succeeded,  it  can  hardly  be 
doubted  that  a  moderate  measure  of  charter  revision, 
based  on  compromises,  would  have  been  accepted. 
Baffled  for  the  time  being,  the  supporters  of  good 
government  gained  ample  strength  to  put  through  a 
radical  measure.  They  gained,  too,  clearness  of 
vision  as  to  the  futility  of  half  measures.  In  nothing 
was  the  campaign  for  a  new  charter  more  fortunate 
than  in  the  delays  which  retarded  it  until  the  times 
were  ripe  for  real,  thorough,  far-reaching  reform. 

The  new  plan  placed  the  stamp  of  illegality  upon 
[94] 


CAUSES   OF   CORRUPTION   REMOVED 

corruption  by  indirection  as  well  as  upon  overt 
bribery  and  the  grosser  forms  of  official  misconduct, 
establishing  in  due  form  higher  standards  than  the 
citizens  had  been  able,  under  the  old  condition  of 
things,  effectually  to  enforce.  Stricter  state  laws,  en- 
acted about  the  same  time,  exacted  detailed  reports 
of  campaign  expenses,  giving  both  the  source  and  the 
items  of  outlay;  and  limited  permissible  outlays  to 
printing,  stationery,  postage,  hall  rent,  clerical  as- 
sistance and  other  really  legitimate  expenses  incurred 
in  informing  constituencies.  These  and  added  like 
provisions  were  enacted  into  the  charter  by  descrip- 
tion and  others  carefully  exprest  in  detail.  The 
owning  of  the  stocks  and  other  securities  of  public 
service  corporations  and  the  acceptance  of  contracts 
or  gratuities  from  them  were  made  disqualifications 
for  office.  Interest  of  city  employees,  direct  or  in- 
direct, in  municipal  contracts  was  forbidden.  The 
election  laws  were  reen  forced  by  every  conceivable 
requirement  and  proviso  looking  to  decency,  propriety 
and  civic  righteousness.  By  an  oversight,  the  regis- 
tration laws  of  the  state  were  not  specifically  made 
applicable  to  the  election  upon  the  adoption  of  the 
charter,  and  this  mistake  nearly  led  to  shipwreck  of 
the  entire  movement ;  for,  a  few  days  before  the  char- 
ter election,  it  was  discovered  that  the  voting  lists  had 

[95] 


DETHRONEMENT   OF  THE   CITY   BOSS 

been  padded  to  the  extent  of  thousands  of  names,  in- 
cluding those  of  non-residents  and  men  long  dead. 
Discerning  in  this  bold  piece  of  criminality  a  purpose 
to  carry  the  election  against  the  new  plan  by  the  votes 
of  repeaters  and  by  resorts  to  other  illegal  practises, 
the  citizens  were  aroused  to  unexampled  activity.  In 
a  storm  of  public  indignation,  the  voting  lists  were 
thoroughly  purged,  with  the  amusing  result  that  the 
city  hall  element,  before  confident  of  success,  prac- 
tically gave  up  the  battle.  Men  of  the  highest  promi- 
nence in  local  affairs,  who  in  the  past  had  been  con- 
tent merely  to  deposit  their  votes  on  election  day, 
accepted  assignments  as  watchers  at  the  polls  and 
confronted  the  "  gangs  "  of  the  public  enemy  with  a 
courage  and  determination  which  assured  the  triumph- 
ant success  of  the  popular  cause. 

In  respect  of  the  cure  of  corruption,  the  general 
provisions  of  the  new  form,  the  strength,  directness 
and  simplicity  of  its  essential  features  and  the  effi- 
ciency it  so  strongly  promotes  contribute  as  power- 
fully to  the  end  aimed  at  as  do  the  remedial  agencies 
directly  called  into  being  for  special  ills.  The  system 
being  right  in  principle,  doubly  reinforces  every  par- 
ticular defense  provided  against  bad  politics  of  every 
description.  This  is  the  best  possible  assurance  that 
the  Des  Moines  charter  will,  like  the  federal  constitu- 
[96] 


CAUSES   OF   CORRUPTION   REMOVED 

tion,  prove  elastic  enough  to  cover  a  thousand  emer- 
gencies not  thought  of  when  it  was  adopted. 

It  is  too  soon  accurately  to  measure  the  fruits  of 
the  new  system.  It  has  been  in  actual  operation  only 
two  years  and  cannot  be  said  to  have  been  ade- 
quately tested;  but,  in  a  large  way,  the  principles  it 
embodies  are  demonstrated  by  a  great  variety  of  ex- 
perience; and  enough  is  already  known  of  its  splen- 
did results  to  justify  the  belief  that  it  will,  with  due 
diligence  on  the  part  of  the  citizens,  prove  a  lasting 
boon  in  eradicating  municipal  corruption. 


[97] 


XII 

THE   PLAN   IN   OPERATION 

There  is  no  doubt  in  the  mind  of  any  unbiased  ob- 
server of  conditions  in  the  city  of  Des  Moines  before 
and  since  the  taking  effect  of  the  new  plan  as  to  the  fa- 
vor with  which  it  is  regarded  by  the  citizens.  The  gen- 
eral opinion  is  that,  if  it  were  put  to  a  vote  now,  after 
the  lapse  of  two  years,  there  would  be  practically  no 
votes  against  its  continuance.  The  people  are  surprized 
and  delighted  at  the  excellence  of  the  results  in  all  re- 
spects. Friends  of  the  plan  who  in  fairness  conceded, 
in  advance  of  the  actual  experiment,  that  weaknesses 
would  probably  develop  under  the  tests  of  experience, 
are  compelled  to  say  that  no  such  flaws  have  as  yet 
been  discovered ;  that  it  is  good  and  wholly  good. 
One  of  the  ablest  members  of  the  first  council,  an 
expert  in  municipal  matters,  was  of  the  opinion,  three 
months  after  his  term  of  service  began,  that  a  few 
slight  changes  would  improve  the  instrument;  but  at 
the  end  of  a  year,  he  acknowledged  that  he  believed 
the  plan  was  better  just  as  it  came  from  the  hands  of 
its  framers.  The  only  mentionable  changes  made 
[98] 


THE   PLAN   IN   OPERATION 

by  the  last  general  assembly  of  the  state  were  one 
amendment  strengthening  the  recall  provision  by 
making  it  more  specific  *  and  another  extending  the 
privilege  of  adopting  the  Des  Moines  plan  to  cities  of 
a  population  from  seven  thousand  to  twenty-five  thou- 
sand, the  smaller  cities  being  permitted  to  elect  a 
council  of  three  members,  and  grade  down  the  salaries 
paid  to  figures  commensurate  with  their  means. 

The  most  noticeable  effect  of  the  change  of  system 
in  the  city  of  Des  Moines  was  a  remarkable  improve- 
ment in  the  methods  and  results  of  street  cleaning; 
while  the  alleys,  previously  noisome  receptacles  for 
garbage  and  filth  of  every  description,  were  for  the 
first  time  kept  clean.  The  placing  of  signs  naming 
the  streets  at  every  crossing,  a  convenience  clamored 
for  for  years  in  vain,  was  accomplished  without  de- 
lay. The  city  had  had  no  uniform  policy  regarding 
sidewalks,  signs,  areaways,  depositing  of  mercantile 
wares  and  building  materials  on  sidewalks  and  scores 
of  like  matters ;  favoritism  and  undue  harshness  alter- 
nating as  this  or  that  official  accepted  or  refused  to 
exercise  jurisdiction  respecting  them.  Now,  how- 
ever, there  was  a  firm,  wise,  fair  and  moderate  policy, 
commanding  the  cheerful  acquiescence  of  all  and  en- 
hancing the  neatness  of  the  business  streets.  The 
*  See  Appendix  B,  page  218. 
[99] 


DETHRONEMENT   OF  THE   CITY   BOSS 

wrangle  which  had  been  going  on  about  the  permis- 
sion or  prohibition  of  open  gambling  for  many  years 
gave  way  to  a  settled  policy  of  law-enforcement.  A 
red-light  district  owned  and  controlled  by  a  "  social- 
evil  trust "  of  appalling  cruelty,  greed  and  wicked- 
ness was  turned  into  a  respectable  neighborhood  by 
the  vigor  and  vigilance  of  a  well-directed  police  force. 
The  books  and  records  of  the  city  were  brought  up 
to  date  and  kept  in  intelligible  form.  The  appointive 
offices  of  the  city  were  promptly  and  without  "  deals  " 
or  scandal,  filled  with  clean  and  competent  men. 
The  positions  calling  for  expert  technical  service,  such 
as  those  of  city  engineer,  corporation  counsel,  and  so- 
licitor, were  filled  to  the  extreme  satisfaction  of  the 
best  judges  of  competency  and  with  general  approval 
as  well. 

Above  all,  the  general  administrative  work  of  the 
city  and  also  the  daily  routine  of  petty  and  unex- 
pected affairs  affecting  individuals  having  petitions  to 
offer  and  complaints  to  make,  received  in  all  depart- 
ments practically  immediate  attention.  "  We  never 
saw  it  on  this  fashion !  "  was  the  constant  exclamation 
of  the  people,  used  to  being  sent  from  pillar  to  post 
unendingly  with  kindred  matters. 

As  to  the  work  of  the  employees  of  the  city  and 
contractors  having  relations  with  it,  the  unanimous 
[ioo] 


THE   PLAN   IN   OPERATION 

verdict  has  been  from  the  outset  that  the  city  was 
never  so  well  served  and  its  right  to  receive  the  worth 
of  its  money  so  uniformly  enforced,  or  with  so  little 
friction  and  irritation. 

At  the  end  of  the  first  year,  it  was  found  that  for 
this  superior  service  the  city  had  paid  less  by  $182,- 
949.65  than  inferior  results  had  cost  it  during  the 
last  year  of  partizan  rule  and  ward  politics;  the  sav- 
ing in  the  better  work  done  by  contractors  on  im- 
provements paid  for  by  the  owners  of  abutting  prop- 
erty being  no  doubt  greater  than  that  revealed  in  the 
city's  direct  operations. 

The  relations  between  the  city  and  the  franchise- 
holding  corporations  became  calmer,  friendlier,  freer 
from  mutual  animosities  and  more  businesslike. 

The  advantage  of  having  five  responsible  men, 
fairly  paid  for  their  whole  time,  daily  at  the  city  hall 
were  found  to  be  very  great. 

The  unity  of  spirit  resulting  from  organic  unity 
was  an  intangible  but  immensely  valuable  outgrowth 
of  the  change.  The  people  took  on  new  hope  and 
grappled  with  new  and  larger  enterprises;  and  addi- 
tional population  was  rapidly  attracted  to  the  city. 
The  new  buildings  and  other  improvements  were  on 
far  the  largest  scale  ever  undertaken.  It  was  as  if 
the  city  had  been  freed  from  bondage. 
[101] 


DETHRONEMENT   OF  THE   CITY   BOSS 

At  Cedar  Rapids,  operating  under  identically  the 
same  charter,  results  were  in  every  respect  equally 
good  and  in  some  directions  better,  the  first  council 
elected  there  having  been  more  uniformly  able  and 
capable  even  than  in  Des  Moines,  tho  receiving,  in 
the  smaller  city,  lower  salaries.  Given  a  disposition 
to  do  their  duty  and  ordinary  ability,  and  the  system 
of  its  own  force  and  merit  appeared  to  bring  good 
service. 

The  election  provisions  worked  most  admirably. 
Not  for  a  generation  had  so  little  money  been  spent 
and  never  had  the  citizens  been  able  to  give  their  at- 
tention so  undividedly  to  the  prime  issues  of  a  mu- 
nicipal campaign,  the  honesty,  capacity,  and  fidelity  of 
those  seeking  public  place.  In  some  cases,  perhaps, 
the  best  men  were  not  chosen;  but  all  felt  that  the 
election  had  been  an  ideal  one,  and,  when  the  success- 
ful candidates  were  put  to  the  test  of  service,  that  the 
city  had  never,  in  all  its  history,  fared  so  well. 


[102] 


XIII 

HOW  AND   WHY   SUCCESS  WAS  WON 

The  general  movement  for  better  government  in 
American  cities  is  new.  A  quarter  of  a  century  will 
cover  most  of  the  distinct  and  conscious  efforts  of  the 
American  people  to  learn  how  and  why  European 
cities  had  cleaner  streets  and  better  municipal  service 
generally,  at  less  cost,  than  we  had ;  and  how  and 
why  we  were  egregiously  failing,  to  put  it  in  our  fa- 
vorite way,  to  get  the  worth  of  our  money  from  the 
city  taxes  we  paid.  The  success  of  the  city  of  Des 
Moines  in  evolving  a  plan  regarded  by  most  experts 
as  the  best  and  most  promising  scheme  for  the  gov- 
ernment of  an  American  city  is  therefore  an  object 
lesson  of  national  value  at  this  time  when  improve- 
ment in  municipal  administration  is  more  prominent 
in  the  public  mind  and  pressing  harder  on  the  public 
conscience  than  any  other  question. 

For  the  encouragement  of  those  who,  in  other 
cities  throughout  the  length  and  breadth  of  the  land, 
are  meeting  defeat  after  defeat  in  contests  with  the 
[103] 


DETHRONEMENT   OF   THE   CITY   BOSS 

"  machine  "  (which  word  best  expresses  and  typifies 
the  public  enemy  generally),  it  can  be  said  that  no 
fight  for  good  government  ever  made  in  Des  Moines 
was  really  lost,  temporary  appearances  to  the  contrary 
notwithstanding.  Every  battle  was  lost,  but  the  cam- 
paign won.  The  people  of  the  city  never  entirely  lost 
heart.  The  bulldog  tenacity  and  determination  with 
which  they  clung  to  the  hope  that  somehow,  this  time, 
or  some  time,  they  would  achieve  the  longed-for  re- 
sult were  really  amazing  when  the  facts  of  the  entire 
movement  are  reviewed.  It  was,  after  all,  the  in- 
stinctive faith  of  a  fine  American  community  in  itself 
— its  intuitive  vision  of  possibilities  of  good  for  itself 
as  a  continuing  entity — its  acknowledgment  of  obliga- 
tion to  coming  generations. 

The  time  came,  at  last,  when  the  discipline  of  a 
score  of  conflicts  had  hardened  the  citizens  for  a  final 
struggle  for  the  great  desideratum.  Galveston  had 
pointed  the  way,  by  establishing  what  is  known  as  the 
commission  system  and  demonstrating  its  remarkable 
adaptation  to  that  admirable  city's  conditions.  Much 
that  was  essential  was  in  the  Galveston  charter — not 
quite  enough  for  general  application,  but  very,  very 
much.  There  Des  Moines  found  her  cue,  through  the 
farsightedness  of  one  of  her  wealthy,  influential  and 
public-spirited  citizens. 

[104] 


HOW   AND   WHY   SUCCESS   WAS   WON 

James  G.  Berryhill  of  Des  Moines,  a  citizen  having 
business  interests  in  Galveston  which  frequently  called 
for  his  presence  there,  was  imprest  with  the  satis- 
factory results  of  the  commission  plan  in  the  southern 
city.  He  mentioned  the  matter  to  Mr.  Harvey  Ing- 
ham, editor  of  the  Des  Moines  Register  and  Leader, 
who  suggested  that  Mr.  Berryhill,  during  his  next 
stay  at  Galveston,  obtain  definite  data  and  submit 
them  to  the  Register  and  Leader  for  publication. 
While  Mr.  Berryhill  was  making  his  inquiries,  it  was 
thought  best  that  his  report  be  submitted  before 
publication  to  a  public  meeting,  to  be  called  by  the 
Commercial  Club,  an  organization  of  business  men 
maintained  for  the  promotion  of  the  manufacturing, 
commercial  and  general  interests  of  the  city.  The 
meeting  was  held  and  the  statements  of  Mr.  Berry- 
hill and  his  earnest  appeal  for  early  but  deliberate 
action  aroused  an  interest  and  enthusiasm  among  his 
auditors  auguring  well  for  the  movement  then  and 
there  formally  inaugurated  and,  in  a  preliminary  way, 
organized.  Other  meetings  were  held  and  a  standing 
committee  of  two  hundred  citizens  named.  A  sut> 
committee  was  appointed  to  draft  a  new  form  of  gov- 
ernment for  the  city,  with  the  understanding  that  the 
Galveston  charter  was  to  be  broadly  followed  as  a 
model.  This  duty  was  discharged  and  after  much 
I  105  ] 


DETHRONEMENT   OF   THE   CITY   BOSS 

discussion  the  report  amended  and  a  committee  named 
to  present  to  the  legislature  then  in  session,  a  bill  em- 
powering certain  cities  to  reincorporate  under  its  pro- 
visions. The  bill  was  introduced  and  referred  to  the 
appropriate  committees  of  the  two  houses.  There, 
after  hearings  which  developed  the  fact  that  the  peo- 
ple of  Des  Moines  were  divided  on  the  question,  the 
political  machine  mercifully  permitted  it  to  die  a 
natural  death,  without  subjecting  its  sponsors  to  the 
humiliation  of  seeing  the  slaughter  which  evidently 
awaited  its  "  visionary "  provisions  on  the  floors  of 
the  legislature,  at  the  hands  of  puissant  champions  of 
existing  conditions. 

At  this  juncture,  the  possibilities  of  the  press  for 
service  of  the  highest  value  to  a  democracy  were 
signally  exemplified.  To  the  popular  view,  the  de- 
feat of  the  bill  was  just  one  more  instance  of  the  folly 
of  reformers  in  overdoing  things.  Had  the  citizens' 
committee  had  the  good  sense  to  report  a  measure 
embodying  a  few  slight  and  gradual  changes  in  the 
existing  laws,  which  were  good  enough  if  properly 
administered,  instead  of  a  potpourri  of  radical  and 
visionary  schemes  of  idealists,  they  could  have  "  got- 
ten something  "  from  the  masters  of  the  state.  Why 
would  not  people  remember  that  all  legislation  was 
necessarily  the  result  of  compromise  and  accept  a  half 
[106] 


HOW   AND   WHY   SUCCESS  WAS   WON 

loaf  instead  of  making  themselves  ridiculous  by  ask- 
ing for  a  whole  one  ? 

Not  thus  Mr.  Ingham,  the  editor  of  the  Register 
and  Leader.  He  did  not  accept  defeat  as  final.  He 
did  not  raise  a  hue  and  cry  against  the  men  whose  arts 
of  the  lobby  had  throttled  the  bill.  He  simply  went 
on,  for  a  year,  printing  articles  of  his  own  and  others, 
from  every  possible  source,  explaining  the  Galveston 
plan  of  government  and  informing  the  people  of  the 
city  and  state  about  its  practical  workings.  The  let- 
ters, magazine  and  newspaper  articles,  interviews 
and  editorials  which  he  printed  about  this  apparently 
badly  defeated  measure  would  fill  many  volumes. 
And  Mr.  Wm.  G.  Hale,  editor  of  the  News,  and  Hon. 
Lafayette  Young,  editor  of  the  Capital,  were  equally 
loyal  and  zealous. 

The  citizens  were  tremendously  interested,  but  not 
all  convinced.  There  grew  up  a  body  of  advocates  of 
what  became  known  as  "  The  Indianapolis  plan  "  of 
government,  headed  by  a  mayor  of  large  powers  and 
definite  responsibility,  with  a  council  elected  by  the 
city  at  large,  but  limited  to  legislative  functions.  The 
state  league  of  municipalities  came  into  the  conflict 
with  a  proposal  for  sundry  reforms,  which,  a  few 
years  before,  would  have  been  deemed  radical,  but, 
compared  with  the  new  program,  was  moderate,  sane 
[107] 


DETHRONEMENT   OF   THE   CITY   BOSS 

and  practical.  The  city  hall  pinned  its  faith  to  this 
measure,  but  was  justified  in  hoping  that,  in  the  mul- 
titude of  counsels,  all  action  would  be  defeated. 

The  general  assembly  convened  again  in  January, 
1907.  The  controversy  desired  by  the  opponents  of 
thorough  reform  was  proceeding  vigorously,  Mr.  Ing- 
ham's newspaper,  now  ably  reenforced  by  the  other 
newspapers  of  the  city,  all  the  while  carrying  forward 
his  stubborn  campaign  of  education.  There  was  gen- 
eral disgust  and  almost  despondency  among  the  ad- 
vocates of  a  new  charter  because  of  the  persistent 
divisions  among  the  citizens,  and  the  outlook  was  any- 
thing but  cheerful. 

A  correspondent  of  one  of  the  newspapers  now 
proposed  a  novel  plan  whereby  harmony  of  action 
might  be  secured.  The  proposal  was  that  a  joint  dis- 
cussion be  held  in  some  public  place  by  Mr.  Berryhill 
as  an  advocate  of  the  Galveston  plan  and  Mr.  W.  H. 
Baily,  a  well-known  lawyer,  as  a  supporter  of  the  In- 
dianapolis plan;  a  large  committee  of  representative 
citizens  to  hear  the  debate  and,  after  its  conclusion, 
take  a  vote  on  the  question  of  adopting  one  of  the  two 
plans  or  continuing  under  the  existing  charter;  all 
participating  in  the  affair  to  bind  themselves  to  act 
together  in  favoring  such  form  of  charter  as  the 
judges  should  by  majority  vote  favor. 
[108] 


HOW   AND   WHY   SUCCESS   WAS  WON 

Some  light  was  thrown  upon  the  state  of  public 
sentiment  at  this  period  by  a  referendum  of  a  selected 
list  of  prominent  citizens,  collected  by  the  Des  Moines 
Register  and  Leader.  It  showed  117  favoring  a 
change  of  some  kind  in  the  city's  charter;  three  op- 
posed to  any  change;  62  for  the  Galveston  Plan;  26 
for  the  Indianapolis  Plan;  13  expressing  no  choice; 
16  for  eliminating  partizanship ;  24  for  the  proposed 
Berryhill-Baily  discussion  and  two  opposed  to  turn- 
ing the  city  into  "  a  debating  society."  The  Daily 
Capital  took  a  referendum  on  a  larger  scale  which  re- 
sulted in  1,094  votes  for  a  change;  23  against  any 
change;  606  for  the  Galveston  Plan  and  412  for  the 
Indianapolis  Plan. 

The  suggestion  of  a  joint  discussion  met  with  in- 
stant favor  and  was  carried  out.  The  president  of 
the  Commercial  Club  named  a  committee  of  three 
hundred,  representing  all  elements  of  the  population 
and  insuring  overwhelming  support  for  the  victorious 
plan,  whatever  it  might  be.  The  debate  was  held  in 
the  presence  of  a  large  audience,  the  committee  of 
three  hundred  occupying  seats  apart  and  giving  most 
earnest  attention  to  the  speakers'  arguments. 

The  decision  was  for  the  Galveston  plan  by  a  large 
majority,  and  the  minority,  which  numbered  many  in- 
fluential citizens  and  represented  perhaps  thousands 
[109] 


DETHRONEMENT   OF   THE   CITY   BOSS 

more,  gracefully  and  in  entire  good  faith  accepted  the 
decision  and  heartily  joined  the  majority  in  the  work 
of  preparing  what  is  now  known  everywhere  as  "  the 
Des  Moines  plan ;  "  pressing  it,  through  a  now  thor- 
oughly awakened  and  united  public  opinion,  to  a 
surprizingly  unanimous  enactment  by  the  general  as- 
sembly and,  over  a  bitter  and  unscrupulous  opposi- 
tion, to  adoption  by  a  fine  majority,  by  the  citizens. 

The  charter  committee  at  this  time  consisted  of 
Messrs.  James  G.  Berryhill,  William  H.  Baily,  I.  M. 
Earle,  John  M.  Read  and  Silas  B.  Allen.  They  had 
the  wisdom  and  courage,  upheld  as  they  were  by  an 
educated  and  uncompromising  public  opinion,  to  pre- 
pare a  much  more  radical  charter  than  that  which 
earlier  had  met  with  defeat.  They  saw  that  the  time 
had  passed  for  the  half  loaf  and  gave  Des  Moines 
what  it  proudly  believes  to  be  the  most  valuable  char- 
ter possessed  by  any  city  in  America. 


[no] 


XIV 

THE   PLAN   ADOPTED  AT  CEDAR   RAPIDS 

An  interesting  and  important  exemplification  of 
the  Des  Moines  Plan  is  in  progress  at  Cedar  Rapids, 
an  Iowa  city  which,  according  to  the  state  census, 
had,  in  1905,  a  population  of  28,759.  The  experiment 
is  demonstrating  the  applicability  of  the  new  method 
of  organizing  cities  to  places  of  smaller  population 
than  Des  Moines — cities  just  beginning  to  show  the 
effects  of  municipal  mismanagement.  The  fact  that 
Cedar  Rapids  has '  a  large  foreign  population  of  a 
single  nationality  introduced  into  the  problem  as  there 
exemplified  a  factor  noticeably  absent  in  the  Des 
Moines  situation.  The  federal  census  of  1900  ac- 
corded Cedar  Rapids  a  population  of  25,656,  of  which 
2,164  were  natives  of  Bohemia  and  4,646  born  of 
Bohemian  parentage,  a  total  of  6,810;  but  as  the  Bo- 
hemians are  a  race  tenacious  of  their  language  and 
customs  and  do  not  intermarry  with  their  American 
neighbors  to  a  large  extent  until  the  third  generation, 
it  is  safe  to  estimate  the  total  Bohemian  population  of 
[in] 


DETHRONEMENT   OF   THE   CITY   BOSS 

Cedar  Rapids  at  about  one-third  of  the  whole  number 
of  inhabitants.  The  attitude  of  this  large  and  clan- 
nish element  toward  the  commission  system  both  at 
the  special  election  for  the  adoption  of  the  charter 
and  in  the  selection  of  the  first  commission  caused 
complications  likely  to  arise  in  many  other  cities  in 
the  initial  stages  of  the  change  to  the  new  system; 
and  the  success  of  the  people  of  Cedar  Rapids  in  cop- 
ing with  these  difficulties  as  they  arose  will  afford 
encouragement  and  instruction  to  the  people  of  other 
cities  which  may  contemplate  making  changes  in  their 
charters. 

The  special  election  by  which  Cedar  Rapids  came 
under  the  new  law  was  held  on  December  2,  1907. 
The  Cedar  Rapids  press  had  supported  the  enactment 
when  pending  before  the  legislature ;  and  the  senti- 
ment of  the  English-speaking  majority  of  the  inhabi- 
tants of  the  city  had  been  educated  into  willingness, 
if  not  eagerness,  to  profit  by  its  provisions.  Not  so 
with  the  Bohemians.  When  the  special  election  ap- 
proached, it  was  found  that  the  Bohemian  voters,  who 
had  been  suspicious  of  the  measure  from  the  begin- 
ning, were  becoming  openly  hostile  to  it.  It  tran- 
spired that  a  newspaper  printed  in  Chicago  in  the 
Bohemian  tongue,  with  one  page  edited  by  a  Cedar 
Rapids  Bohemian  of  extremely  radical  views,  had 
[112] 


THE  PLAN   ADOPTED   AT   CEDAR   RAPIDS 

warned  the  voters  of  that  race  that  the  commission 
system  was  a  step  toward  the  oppression  to  escape 
which  they  had  left  the  old  country ;  that  under  it, 
their  liberty  to  eat,  drink  and  maintain  their  national 
customs  would  be  curtailed ;  that  the  clergy  of  the 
city  and  other  believers  in  puritanical  restrictions  on 
their  personal  liberty  were  for  the  proposal,  and  that 
it  would  doubtless  deprive  them  of  the  large  influence 
they  had  long  enjoyed  in  the  government  of  Cedar 
Rapids,  and  the  generous  official  patronage  which  had 
been  theirs. 

In  vain  did  those  Americans  who  had  acquired  in- 
fluence with  these  people  plead  the  other  side  of  the 
case.  The  Bohemians  stood  like  a  stone  wall  against 
the  charter,  and,  with  the  city  hall  elements  as  alert, 
unscrupulous  and  aggressive  allies,  almost  succeeded 
in  defeating  it.  It  was  carried  by  a  bare  majority  of 
33  on  a  light  vote — 1,900  for  the  charter  and  1,867 
against  it. 

The  Bohemian  editor  had  not  yet  exhausted  his  re- 
sources. When  the  primary  election  was  about  to 
occur  on  March  16,  1908,  his  journal  advised  the  Bo- 
hemians to  vote  only  for  Bohemian  candidates  for  the 
council.  Deeply  stirred  as  they  had  been  by  the  agi- 
tation in  December,  and  still  apprehensive  that  their 
liberties  were  about  to  be  taken  from  them,  they 
[113] 


DETHRONEMENT   OF   THE   CITY   BOSS 

readily  responded.  An  agreement  was  made  by 
which  the  mayor  whose  term  was  about  to  expire  was 
to  be  supported  for  the  same  office  under  the  new 
government,  together  with  two  Bohemian  candidates 
for  councilmen,  the  fourth  and  fifth  places  on  the 
ballot  to  be  left  vacant  by  the  voters.  To  make  sure 
that  this  plan  should  be  carried  into  effect,  the  city 
hall  and  Bohemian  leaders  supplied  the  Bohemian 
voters  with  sample  ballots  marked  exactly  as  agreed 
upon. 

The  returns  of  the  primary  election  were  a  startling 
revelation  of  the  extent  to  which  the  vote  had  been 
manipulated.  The  vote  of  the  Bohemian  wards  was 
short  by  six  hundred  votes  of  what  it  would  have 
been  had  every  voter  cast  his  ballot  for  five  can- 
didates. 

There  had  been  nine  candidates  for  mayor  and 
forty-eight  candidates  for  councilmen  before  the  pri- 
mary ;  and  the  American  voters  had  scattered  their 
votes  through  the  entire  list,  most  of  them,  in  a  spirit 
of  liberality,  voting  for  one  Bohemian.  The  Bohe- 
mians succeeded,  by  their  "  plumping  "  policy,  in  get- 
ing  their  entire  slate  on  the  final  ballot,  together  with 
one  more  representative  of  their  race  who,  without  the 
sanction  of  their  leaders,  had  been  an  aggressive  can- 
didate and  secured  a  large  support.  The  ten  highest 
[114] 


THE  PLAN  ADOPTED   AT   CEDAR   RAPIDS 

names  on  the  list  of  candidates  voted  for  at  the  pri- 
maries were: 

For  Mayor. 

John  T.  Carmody,  1,528. 

Geo.  S.  Lightner  (retiring  mayor),  1,670. 

For  Councilmen. 

D.  Feiereisen  (Bohemian),  1,478. 

Jacob  A.  Hildebrand,  1,037. 

Chas.  D.  Huston,  1,982. 

Henry  S.  Keffer,  1,370. 

Matt  J.  Miles,  1,099. 

Ernest  A.  Sherman,  1,002. 

W.  H.  Stepanek  (Bohemian),  1,153. 

V.  E.  Lane  (Bohemian),  1,115. 

If  this  election  had  been  final  the  city  hall  and  Bo- 
hemian alliance  would  have  been  successful;  but  here 
the  double  election  provision  of  the  plan  came  to  the 
rescue  and  enabled  the  friends  of  good  government 
to  marshal  their  forces  and  win  a  notable  victory. 
The  charter  itself  practically  compelled  united  action. 

The  issue  of  nationality  had  been  forced  upon  the 
city  by  the  Bohemians  and  the  old  regime.  "  If  we 
are  to  be  barred  from  representation  because  of 
American  parentage  and  the  language  taught  us," 
said  a  local  newspaper,  "  it  is  time  to  know  the  truth 
[ii5] 


DETHRONEMENT   OF  THE   CITY   BOSS 

of  the  matter."  The  native-born  population  resolved 
to  assert  themselves.  Sample  ballots  bearing  the 
American  flag  were  distributed  throughout  the  city. 
A  tallyho  decorated  with  flags  and  bearing  patriotic 
mottoes  was  driven  about  the  streets.  There  was  a 
strong  determination  to  stamp  out  the  race  issue  once 
and  for  all  by  defeating  those  who  had  raised  it.  One 
of  the  daily  newspapers  still  insisted  that  the  Bohe- 
mians should  have  one  councilman  notwithstanding 
their  ill-advised  attempt  to  seize  control  of  the  com- 
mission; but  this  view  found  little  favor.  The  gen- 
eral voice  was  for  an  all-American  ticket  and  an  em- 
phatic rebuke  to  the  alliance. 

One  danger  seemed  to  threaten  this  movement. 
The  Americans  had  six  candidates  on  the  ballot — one 
for  mayor  and  five  for  councilmen — which  involved  a 
certain  scattering  of  votes,  while  the  opposition  had 
but  four  candidates.  This  was  disposed  of  by  induc- 
ing Mr.  Hildebrand,  one  of  the  American  candidates, 
to  abandon  his  candidacy  for  councilman  and  become 
a  candidate  for  an  appointive  office. 

The  alliance  leaders  shrewdly  announced  their  in- 
tention of  supporting  Huston  and  Keffer,  thus  show- 
ing their  willingness  to  abandon  Vane,  the  Bohemian, 
who  had  succeeded  independently  of  them  in  getting 
his  name  on  the  final  ballot.  This  bid  for  American 
[116] 


THE   PLAN  ADOPTED   AT  CEDAR   RAPIDS 

support  was  resolutely  rejected  by  the  native  Ameri- 
can voters. 

The  result  of  the  final  election  was  an  overwhelm- 
ing defeat  for  the  city  hall  and  Bohemian  slate.  The 
vote  was  as  follows: 

For  Mayor. 

John  T.  Carmody,  3,949. 
Geo.  S.  Lightner,  2,183. 

For  Councilmen. 

Charles  D.  Huston,  4,131. 
Henry  S.  Keffer,  3,965. 
Matt  J.  Miles,  3,810. 
Ernest  A.  Sherman,  3,505. 
D.  Feiereisen,  2,000. 
V.  E.  Vane,  1,940. 
W.  H.  Stepanek,  1,784. 
Jacob  A.  Hildebrand,  1,342. 

The  alliance  lost  all  its  men.  Every  successful 
candidate  was  an  American.  One  was  a  Catholic 
and  four  were  Protestants.  Three  were  republicans 
and  two  democrats;  but  partizanship  was  never  even 
mentioned  during  the  contest.  The  newly  chosen 
mayor,  Mr.  Carmody,  since  deceased,  was  a  success- 
ful iron  founder;  Councilman  Huston,  an  employing 
printer  who  had  at  different  times  served  the  city  ac- 
[117] 


DETHRONEMENT  OF  THE  CITY  BOSS 

ceptably  for  many  years  as  mayor  or  councilman 
under  the  old  regime  and  is  an  expert  in  municipal 
matters;  Councilman  Keffer,  a  union  workingman  of 
good  character  and  ability,  who  had  previously  served 
as  city  recorder;  Councilman  Miles,  a  young  real 
estate  loan  agent,  and  Councilman  Sherman,  the  pub- 
lisher of  a  local  newspaper  and  a  reform  member  of 
the  retiring  council.  The  commission  as  a  whole  was 
nearly  ideal  in  business  capacity  and  representative 
character  and  every  member  personally  above  reproach. 

It  was  a  well-controlled  and  discriminating  move- 
ment. There  was  no  denunciation  of  the  Bohemians 
as  a  race,  but  generous  recognition  of  the  general 
good  citizenship,  thrift  and  home-keeping  virtues  for 
which  they  are  noted.  When  the  election  was  over, 
the  Bohemians  were  as  liberally  recognized  in  the  ap- 
pointive offices  as  they  had  been  in  past  years.  One 
compliment  which  especially  pleased  them  was  the  ap- 
pointment of  a  Bohemian  young  woman  as  city  treas- 
urer, a  place  for  which  a  good  record  in  a  subordinate 
place  in  the  office  proved  her  fitness. 

The  new  commission  was  confronted  with  difficul- 
ties peculiar  to  cities  organized  under  special  charters. 
Des  Moines  had  been  organized  under  the  general 
municipal  incorporation  law  and  her  transition  to  the 
new  modus  operandi  was  simple  and  easy,  the  char- 
[n8] 


THE  PLAN   ADOPTED   AT   CEDAR   RAPIDS 

ter  law  being  framed  with  special  reference  to  the 
general  state  law.  Cedar  Rapids,  on  the  contrary, 
was  compelled  to  enact  a  large  number  of  new  or- 
dinances, changing  elective  to  appointive  offices,  her 
marshal,  clerk  and  other  officers  being  elective, 
whereas  these  offices  had  been  appointive  in  Des 
Moines.  Seventeen  days  were  required  for  the  law- 
ful enactment  of  these  ordinances  which  prevented 
the  prompt  transference  of  many  of  the  municipal 
,  functions. 

An  epidemic  of  small-pox  had  recently  broken  out 
in  the  city;  and,  the  retiring  administration,  evidently 
fearing  to  offend  ignorant  voters,  had  refused  to  en- 
force quarantine  regulations,  thereby  permitting  the 
spread  of  the  infection.  No  meeting  of  the  board  of 
health  had  been  called  since  October  and  it  was  now 
April.  To  add  to  the  embarrassment  of  the  new  gov- 
ernment, a  mad  dog  had  broken  loose  and  bitten  nu- 
merous dogs,  cattle,  horses  and  swine,  causing  alarm 
among  the  people. 

Handicapped  tho  it  was  by  legal  impediments  to 
action,  the  commission  grappled  with  the  situation 
and  promptly  conquered  it.  Quarantine  was  rigor- 
ously enforced  and  the  small-pox  epidemic  stamped 
out  in  record  time.  Sixty  animals  infected  with  ra- 
bies were  killed  and  that  peril  summarily  removed. 

["91 


DETHRONEMENT    OF   THE   CITY   BOSS 

Altho  beset  by  a  multitude  of  applicants  clamoring 
for  appointment,  the  commissioners  disregarded 
"  pulls "  of  every  kind  and  made  practically  every 
selection  on  merit,  giving  the  preference  to  applicants 
who  had  had  experience  in  city  affairs. 

It  was  in  appointments  to  office  calling  for  expert 
knowledge  that  the  Cedar  Rapids  commissioners  most 
convincingly  demonstrated  the  superiority  of  the  new 
system.  For  city  solicitor,  they  went  outside  the  list 
of  more  than  a  dozen  lawyers  who  were  candidates 
for  the  place  and  induced  John  M.  Redmond,  one  of 
the  foremost  lawyers  of  the  city,  to  accept  the  posi- 
tion. In  like  manner,  they  filled  the  offices  of  city 
engineer  and  marshal;  selecting  for  the  latter  a  vig- 
orous and  competent  young  man  who  had  seen  serv- 
ice in  the  regular  army,  but  who  had  not  applied  for 
the  place,  and  for  the  former  an  engineer  of  munici- 
pal experience  and  high  character,  not  a  candidate, 
but  splendidly  qualified  to  give  the  city  expert  service. 

Expecting  much  from  a  municipal  organization 
which  on  its  face  promised  the  utmost  efficiency,  the 
people  of  Cedar  Rapids  were  not  disappointed.  The 
business  of  the  city  was  for  the  first  time  done 
promptly  and  with  entire  freedom  from  graft  of 
every  description.  The  city  government  had  not 
been  notoriously  corrupt  or  exceptionally  inefficient, 

[120] 


THE  PLAN  ADOPTED   AT   CEDAR   RAPIDS 

but  it  had  been  impossible  to  get  business  attended  to 
in  a  businesslike  manner.  Complaints  of  defective 
crossings  or  sidewalks,  faulty  grades,  damage  by 
floods,  perils  to  the  public  health,  and  a  thousand  and 
one  matters  important  to  the  people's  comfort  and 
convenience  had,  in  the  hurry  incident  to  having  busi- 
ness transacted  by  ill-paid  aldermen  who  had  their 
private  affairs  to  look  after,  been  neglected  or  post- 
poned for  weeks,  months  and  often  years. 

Now,  all  this  was  changed.  The  new  council  met 
daily.  Its  members,  competent  business  men,  gave 
their  entire  time  to  the  city.  Complaints  received  at- 
tention in  all  cases  within  twenty-four  hours  and  usu- 
ally on  the  day  they  were  filed.  Not  all  requests  were 
granted,  but  there  were  no  vexatious  delays  in  reach- 
ing a  decision.  The  matter  requiring  attention  re- 
ceived it  immediately;  going  to  the  responsible  head 
of  the  department  to  which  it  belonged  and  there 
being  no  question  as  to  who  had  jurisdiction. 

Good  business  methods  were  adopted  in  every  de- 
partment of  the  municipal  service.  An  expert  ac- 
countant was  immediately  employed  to  straighten  out 
the  city's  bookkeeping.  All  just  bills  against  the  city 
were  promptly  paid  and  the  cash  discounts  taken. 
The  banks  were  required  to  pay  2  per  cent,  interest 
on  daily  balances   in   favor  of  the   city;  and  large 

[121] 


DETHRONEMENT   OF  THE   CITY   BOSS 

amounts  of  city  funds  not  likely  to  be  used  for  con- 
siderable periods  were  put  out  as  time  deposits  draw- 
ing 4  per  cent,  interest.  One  deposit  of  $100,000  for 
three  months,  distributed  among  eleven  local  banks, 
alone  brought  the  city  more  than  double  the  amount 
of  interest  it  ever  received  on  its  funds  in  an  entire 
year  under  the  old  negligent  methods. 

As  in  Des  Moines,  there  is  an  almost  entire  absence 
of  speech-making  at  the  council  meetings.  The  com- 
missioners sit  around  a  table  like  the  directors  of  a 
private  corporation  and  transact  business  in  exactly 
the  same  way.  There  is  usually  no  audience.  The 
council  does  not  avoid  publicity,  but  its  methods  do 
not  attract  crowds.  The  people  are  satisfied  with 
what  is  doing  and  stay  away.  More  business  is 
transacted  in  one  hour  than  could  be  done  in  ten  in 
the  old  way. 

The  councilmen  have  no  secrets  from  one  another. 
On  matters  involving  less  than  one  hundred  dollars, 
each  commissioner  acts  on  his  own  responsibility,  but 
takes  care  to  let  his  colleagues  know  what  he  has 
done.  All  large  questions  are  decided  by  the  council 
as  a  whole.  Each  commissioner  is  thus  informed  as 
to  the  details  of  the  entire  city  administration.  In 
making  a  few  of  the  appointments  to  office  at  the  out- 
set, there  were  divided  votes;  but  in  practically  every 
[122] 


THE  PLAN   ADOPTED   AT   CEDAR   RAPIDS 

detail  of  administration,  the  vote  is  unanimous.  The 
city  solicitor  usually  sits  with  the  council,  deciding 
legal  questions  as  they  arise.  By  request  of  the  coun- 
cil, all  matters  intended  for  decision  by  that  body  as 
a  whole  or  requiring  the  attention  of  individual  com- 
missioners are  communicated  through  the  clerk  of 
the  council,  who  occupies  a  desk  at  the  entrance  to 
the  council  chamber,  hears  all  complaints  and  appli- 
cations for  service  of  any  kind,  reduces  them  to  writ- 
ing and  distributes  typewritten  copies  to  the  appro- 
priate departments. 

No  heart-burnings  survive  the  contest  between  the 
Bohemians  and  Americans  for  control  of  the  city. 
The  Bohemians  are  well  pleased  with  the  working 
of  the  new  system.  They  see  the  mistake  of  raising 
the  issue  of  nationality  and  say  it  will  not  be  repeated. 
A  committee  of  their  leaders  waited  upon  the  editor  of 
one  of  the  newspapers  after  the  city  election  and  re- 
quested that,  in  the  future  publication  of  local  news, 
the  reporters  be  instructed  to  make  no  mention  of  the 
nationality  of  those  concerned.  "  We  are  Ameri- 
cans," they  said,  "  and  wish  to  be  so  recognized." 

The  gambling  houses  of  the  city  were  given  twenty- 
four  hours  in  which  to  close  their  doors  and  get 
their  property  out  of  the  city.  They  saw  that  the 
commission  meant  what  it  said  and  ceased  operations. 
[  I23  I 


DETHRONEMENT   OF   THE   CITY   BOSS 

Saloons  are  required  to  obey  the  laws  to  the  letter. 
The  social  evil  is  segregated  in  one  locality  and  kept 
under  severe  restrictions  forbidding  the  sale  of  liq- 
uors, enticement  of  minors  and  public  solicitation, 
and  requiring  midnight  closing  and  medical  exami- 
nations. Periodical  fines  are  imposed  on  resorts  of 
this  character. 

Cedar  Rapids  would  to-day  give  a  large  majority 
against  a  return  to  the  old  style  of  charter.  The 
people  of  the  city  now  believe  in  paying  their  munici- 
pal officials  for  the  work  they  do  and  holding  them 
responsible  for  results.  "  No  more  horses  will  go  on 
the  pay  roll  of  Cedar  Rapids  as  men,"  declares  Col. 
C.  A.  Clark,  who,  as  will  be  shown  in  the  next  chap- 
ter, foresaw  six  years  ago  the  imperative  public  de- 
mand for  a  change  in  the  municipal  charters  of  Iowa 
and  foreshadowed  in  principle  the  action  taken  by  the 
legislature  in  1907,  when  the  Des  Moines  Plan  was 
adopted. 


If  124] 


XV 


THE   INITIATIVE   OF    THE    IOWA   STATE 
BAR   ASSOCIATION 

The  honor  of  initiating  the  specific  movement 
which  resulted  in  the  enactment  of  a  state  law  au- 
thorizing" the  larger  cities  of  Iowa  to  adopt  the  Des 
Moines  plan  of  municipal  government  clearly  belongs 
to  James  G.  Berryhill,  a  citizen  of  Des  Moines,  whose 
part  therein  is  related  in  an  earlier  chapter.  As  in 
many  similar  cases,  however,  the  thought  of  acting 
along  such  lines  occurred  to  several  persons  almost 
simultaneously;  and  definite  utterances  on  the  subject 
at  earlier  dates  are  traced  to  a  number  of  citizens  of 
Des  Moines  and  other  cities.  Charles  W.  Johnston  and 
Freeman  R.  Conaway  of  Des  Moines  are  credited 
with  such  authenticated  expressions;  and  to  Charles 
A.  Clark  of  Cedar  Rapids  must  be  accorded  the  dis- 
tinction of  having  very  early  formulated  in  a  con- 
clusive manner  a  statement  of  the  nature  and  extent 
of  the  break-down  of  the  forms  of  charter  under 
which  the  cities  of  Iowa  were  operating  and  the  gen- 
eral character  of  the  new  charters  which  must  be 
substituted  for  the  old. 

[1251 


DETHRONEMENT   OF  THE   CITY   BOSS 

At  the  tenth  annual  session  of  the  Iowa  State  Bar 
Association,  held  at  Ottumwa  July  14th  and  15th, 
1904,  the  committee  on  law  reform,  which  had  had 
the  subject  under  consideration  since  the  ninth  an- 
nual session  of  the  association,  submitted,  through 
the  late  Hon.  L.  G.  Kinne,  a  report  on  the  needed 
changes  in  the  laws  regulating  municipal  affairs  in 
Iowa.  This  report  anticipated  in  a  striking  way  and 
to  a  remarkably  complete  extent  the  objections  to  the 
old  charters  and  the  grounds  for  expecting  better  re- 
sults from  the  new.  The  report  was  from  the  pen  of 
Colonel  Clark,  a  lawyer  of  high  standing;  and  the 
purposes  of  this  volume  cannot  be  better  subserved 
than  by  reproducing  it  in  full  as  presented  to  the  as- 
sociation, together  with  the  formal  recommendation 
which  accompanied  it.  The  recommendation  was  as 
follows : 

"  That  the  municipal  government  of  cities  of  Iowa 
should  be  vested  in  a  council  of  three  aldermen, 
whose  term  of  office  should  be  three  years,  after  the 
first  council  the  members  of  which  should  serve  re- 
spectively one,  two  and  three  years,  to  be  determined 
by  lot;  thereafter  one  alderman  to  be  elected  annu- 
ally ;  such  aldermen  in  all  cases  to  be  elected  by  a 
vote  of  the  whole  city,  and  vacancies  to  be  filled  by 
special  elections,  such  councils  to  be  vested  with  all 
[126] 


INITIATIVE   OF   THE   IOWA   BAR 

the  present  powers  of  city  councils,  and  to  elect  one 
of  their  members  as  mayor  to  exercise  all  the  duties 
of  mayor,  as  defined  by  law;  such  aldermen  to  be 
paid  from  two  thousand  to  five  thousand  dollars  per 
year  depending  upon  the  class  of  the  city,  with  addi- 
tional compensation  to  the  mayor;  all  to  be  fixed  by 
law;  the  said  aldermen  and  mayor  to  be  required  to 
devote  their  entire  time  to  the  discharge  of  their  du- 
ties. That  the  statutes  of  Iowa  should  be  amended 
accordingly."    The  report  was  as  follows: 

"'All  citizens  will  readily  agree  to  the  proposition 
that  municipal  government  should  be  honest,  efficient 
and  economical.  It  should  also  be  democratic  and 
sufficiently  elastic  to  meet  the  local  wants  of  each 
particular  city  or  town. 

"  It  will  be  conceded  that  our  present  system  meets 
the  last  two  requirements  and  furnishes  the  basis  for 
good  local  government.  But  does  that  system  give  us 
honest,  efficient  and  economical  government?  In  the 
smallest  towns  no  doubt  it  does  approximately.  In 
the  largest  cities  both  in  Iowa  and  our  sister  states  it 
is  a  lamentable  failure. 

"  With  no  thought  then  of  overturning  the  system 

as  a  whole,  the  question  presented  is,  can  that  system 

be  so  amended  and  perfected  as  to  give  us  efficient 

and  economical  government  in  our  cities?    The  ques- 

[127] 


DETHRONEMENT   OF  THE   CITY   BOSS 

tion  of  honesty  need  not  be  specially  discussed,  as  we 
cannot  have  efficiency  and  economy  without  it.  Nor 
can  we  compel  economy.  Some  cities  may  prefer 
liberal,  and  for  the  time  being,  excessive  expendi- 
tures, for  parks,  public  buildings,  public  improve- 
ments, and  they  ought  not  to  be  needlessly  restrained. 
Experience  has  demonstrated  that  in  public,  as  in 
private  affairs,  it  is  often  the  highest  wisdom  to  in- 
vest beyond  present  needs  to  insure  greater  benefits 
and  more  profitable  results  in  the  future.  Where  this 
method  is  pursued  there  is  need,  not  of  less,  but  of 
greater  foresight,  discretion  and  efficiency  in  carry- 
ing it  out,  and  of  greater  watchfulness  and  economy 
in  the  various  details  going  to  make  up  the  liberal  or 
excessive  whole. 

"  In  business  affairs  of  magnitude  such  economy 
would  not  be  looked  for  in  gratuitous  or  half-paid 
services.  No  more  should  it  be  looked  for  or  ex- 
pected in  public  affairs.  Human  nature  remains  the 
same  in  both  cases.  If  you  want  the  best,  pay  for  it 
in  the  one  case  as  in  the  other.  That  is  true  economy, 
and  the  only  road  to  efficiency  in  complex  affairs  of 
magnitude  and  importance.  We  have  long  violated 
and  disregarded  these  elementary  and  self-evident 
rules  in  carrying  on  city  government  and  we  are  reap- 
ing the  most  deplorable  harvest  of  results. 
[128] 


INITIATIVE   OF   THE   IOWA   BAR 

"  Under  the  present  system  of  city  councils  it  is  idle 
to  anticipate  any  improvement.  That  system  has 
been  tried  in  this  and  in  the  mother  country  for  hun- 
dreds of  years,  and  has  ruinously  broken  down  under 
modern  conditions.  City  councils  grow  worse  in- 
stead of  better.  The  present  inefficiency,  wasteful- 
ness, extravagance  and  in  too  many  instances,  dis- 
honesty and  jobbery,  are  the  fruits  of  the  long  and  pa- 
tient experiment.  These  evils  develop  more  and  more 
as  population  and  wealth  increase.  Municipal  affairs 
become  more  complex,  requiring  patient,  continuous 
and  intelligent  study  to  master  them.  Increasingly 
large  amounts  of  money  are  collected  and  disbursed, 
bringing  greater  temptations  and  at  the  same  time 
greater  opportunities  for  dishonest  practises.  As  the 
details  are  not  ordinarily  mastered  and  understood  by 
the  aldermen,  the  dishonest  find  many  doors  open  be- 
fore them  and  they  do  not  hesitate  to  walk  in  and 
help  themselves.  Fifty  years  ago  the  almost  uniform 
rule  was  that  aldermen  asked  themselves  the  question, 
'  What  can  I  do  to  help  the  city  ? '  Now  too  often 
they  ask  themselves  the  question,  '  What  can  the  city 
do  to  help  me  ?  '  The  American  public  knows  by  gen- 
eral results  how  they  answer  this  question,  but  is 
practically  powerless  in  its  anger  and  attempts  at  re- 
form. An  honest  mayor  elected  in  some  spasm  of 
[129] 


DETHRONEMENT   OF  THE   CITY   BOSS 

indignant  virtue  can  accomplish  little.  The  council 
can  circumvent  him,  and  to  a  great  extent  nullify  his 
action.  Then  an  outraged  public  slaughters  him,  and 
the  vicious  circle  travels  its  unbroken  round. 

"  Then  there  is  another  spasm,  and  a  '  business 
council '  of  business  men  is  selected.  They  are  hon- 
est, but  are  burdened  by  their  own  affairs.  Already 
overworked  in  these,  they  have  no  time  to  master  the 
details  of  city  government;  the  tricky  members  who 
remain  circumvent  them,  taxes  are  not  reduced  be- 
cause they  do  not  discover  where  to  apply  the  knife. 
They  soon  find  the  task  a  thankless  one;  their  only 
compensation  is  criticism  and  abuse,  and  when  their 
terms  are  ended  nothing  could  tempt  them  to  serve 
anew.  They  go  out  very  much  as  they  would  go 
from  a  term  of  involuntary  imprisonment,  or  deten- 
tion for  mental  unsoundness.  Other  business  men 
are  warned  and  decline  to  make  the  experiment.  As 
a  net  result  the  vicious  circle  still  remains  intact. 
Misgovernment  instead  of  good  government  is  what 
the  citizens  get. 

"  The  problem  cannot  be  solved  by  increasing  the 
size  of  the  governing  body.  Washington  with  its 
two  houses  found  that  increased  numbers  brought  in- 
creased and  intolerable  evils.  Congress  intervened 
and  adopted  the  system  of  the  three  commissioners 
[  130] 


INITIATIVE    OF   THE   IOWA    BAR 

with  the  result  that  it  is  the  best  governed,  instead 
of  the  worst  governed,  city  in  America.  St.  Louis, 
with  its  two  houses  of  city  fathers,  teaches  the  same 
lesson.  Chicago,  New  York  and  Philadelphia  dem- 
onstrate that  large  numbers  in  city  councils  bring 
bad  results.  Our  own  state  has  recognized  this  by 
limiting  aldermen  to  one  from  each  ward  where  we 
formerly  had  two.  This  has  been  an  improvement, 
but  is  far  from  solving  the  question.  It  is  a  step  in 
the  right  direction.    Nothing  more  can  be  said  of  it. 

"  The  real  fact  is  that  the  present  system  entirely 
disregards  what  lies  at  the  very  basis  of  efficient  and 
economical  municipal  government,  namely,  that  it  is 
almost  altogether  a  matter  of  vigorous  and  honest 
business  methods.  A  business  man  who  confided  to 
the  average  city  council  a  business  which  involved 
the  collection  and  expenditure  of  more  than  one  hun- 
dred thousand  dollars  annually  would  be  thought  in- 
sane, unless  he  deliberately  intended  to  wreck  the 
business  and  go  into  bankruptcy.  Yet  we  do  this  in 
the  business  of  governing  our  cities  and  think  our- 
selves the  sanest  and  most  progressive  people  in  the 
world.  Cedar  Rapids,  to  illustrate,  collects  and  dis- 
burses more  than  $125,000  annually.  Can  this  be 
well  done  without  systematic  and  continuous  study 
and  rigid  exactness  every  day  in  the  year,  any  more 
[131] 


DETHRONEMENT   OF  THE   CITY   BOSS 

than  in  any  other  business  requiring-  the  collection 
and  disbursement  of  the  like  large  sum?  By  no  man- 
ner of  means.  Very  recently  a  horse  figured  on  its 
pay  rolls  for  months  as  a  man,  and  it  is  doubtful  if 
any  city  official  had  any  knowledge  of  the  fraud. 
When  it  was  discovered,  the  man  who  thus  drew  the 
money  was  indicted,  tried,  found  guilty,  and  a  small 
fine,  much  less  than  the  amount  drawn  from  the  city 
treasury,  was  imposed.  He  could  pay  his  fine  and 
costs  and  have  money  left  in  his  pocket  to  smoke 
good  cigars  all  at  the  expense  of  the  public.  No  step 
has  ever  been  taken  to  recover  the  money.  Nor  has 
such  a  thing  ever  been  hinted  at  in  any  council  meet- 
ing, or  apparently  been  thought  of  by  any  alderman. 
Yet  the  council  under  which  this  happened  was  far 
above  the  average.  Its  membership  included  leading 
business  men,  of  undoubted  integrity,  and  eminently 
successful  and  prosperous  in  their  own  affairs.  If 
money  had  been  taken  from  them  in  their  own  busi- 
ness by  a  like  device — a  thing  hardly  conceivable — 
they  never  would  have  rested  until  they  had  the 
money  back  and  had  adequate  punishment  inflicted 
upon  the  offender.  As  aldermen  they  are  not  de- 
cently compensated  for  ordinary  routine  work,  and 
they  cannot  abandon  their  own  business  for  the 
trouble,  worry  and  loss  of  time  inseparable  from 
[132] 


INITIATIVE    OF   THE   IOWA    BAR 

working  out  such  details  on  sound  and  efficient  busi- 
ness principles. 

"  Apply  the  business  incapacity  of  this  transaction 
to  the  details  involved  in  expending  from  $100,000  to 
$150,000,  and  it  is  not  difficult  to  understand  why  re- 
sults are  hap-hazard,  expensive  and  burdensome.  That 
this  method  of  municipal  government  is  a  failure  no- 
body will  deny.  That  it  continually  grows  worse 
everybody  knows.    The  facts  are  undeniable. 

"  There  must  be  a  remedy  for  this  bad  and  de- 
moralizing condition.  The  problem  cannot  be  insol- 
uble. The  solution  is  not  in  increasing  our  aldermen 
and  making  our  councils  larger.  That  has  failed 
wherever  it  has  been  tried.  On  the  other  hand,  the 
decrease  in  numbers,  with  adequate  compensation  for 
the  skill,  energy  and  time  required  in  affairs  of  such 
magnitude  has  been  tried  and  has  succeeded — wit- 
ness the  city  of  Washington.  If  three  commissioners 
are  sufficient  to  successfully  deal  with  the  problems 
of  municipal  government  in  that  city,  three  aldermen 
or  commissioners  are  sufficient  in  number  to  manage 
the  affairs  of  any  city  in  Iowa.  In  Washington  they 
are  appointed  by  the  president  and  confirmed  by  the 
senate.  This  may  do  for  the  District  of  Columbia, 
but  it  would  not  do  for  the  country  at  large.  It  would 
take  away  the  principle  of  local  self-government  by 
[133] 


DETHRONEMENT   OF  THE   CITY  BOSS 

direct  vote  of  the  people,  which  is  by  no  means  to  be 
rejected  or  cast  aside.  But  preserving  this  element, 
let  our  city  councils  consist  of  three  aldermen,  one  of 
whom  shall  be  elected  annually,  and  one  of  whom 
shall  be  mayor.  This  may  be  left  to  election  by  the 
board,  or  the  senior  member  may  act  as  mayor.  They 
should  be  vested  with  all  the  powers  given  to  city 
councils,  and  such  powers  as  may  hereafter  be  granted 
to  cities.  Above  all,  they  should  be  required  to  devote 
all  of  their  time  to  the  affairs  of  the  city  and  should 
be  paid  adequate  compensation  for  doing  so.  And 
they  should  be  paid  not  as  mere  clerks,  but  as  ad- 
ministrators of  public  affairs,  guardians  of  the  pub- 
lic rights;  managers  of  endless  details  of  the  most 
vexatious  character,  amounting  annually  to  scores 
and  hundreds  of  thousand  of  dollars.  Only  thus 
have  we  any  right  to  expect  that  constant  daily  and 
hourly  supervision  and  control  which  the  successful 
business  man  gives  to  his  own  affairs  and  only  by 
this  continuous  supervision  have  we  any  right  to  ex- 
pect success  in  public  affairs  any  more  than  in  pri- 
vate affairs. 

"  The  notion  that  eight  or  ten  aldermen  whose  en- 
ergies are  sorely  taxed  by  their  own  business,  can 
administer  the  affairs  and  expenditures  of  a  city,  in- 
volving vast  amounts  of  money,  by  holding  stated 
[134] 


INITIATIVE   OF   THE   IOWA   BAR 

meetings  in  the  evenings  once  in  two  weeks,  and  the 
like  special  evening  meetings  spasmodically  and  with- 
out system,  is  absurd  and  puerile  in  itself.  We  have 
outgrown  this  method  and  it  ought  to  be  cast  aside 
like  a  wornout  garment.  Public  interests  have  be- 
come too  complex,  of  too  much  magnitude,  too  ex- 
pensive and  demand  too  much  constant  and  exhaust- 
ing energy  to  leave  them  bantlings  and  beggars  as 
to  the  care  they  require  and  which  must  be  bestowed 
upon  them  for  their  orderly  and  efficient  administra- 
tion. Pay  for  the  services  they  need,  as  the  business 
man  would  pay  for  like  services  and  we  may  expect 
the  ability,  character  and  energy  required.  We  have 
no  right  to  expect  them  now.  We  try  to  impose  our 
burdens  upon  others  and  rob  them  of  the  time,  skill 
and  force  which  those  burdens  require.  In  the  ven- 
ture we  are  robbed  ourselves,  and  we  have  no  just 
cause  of  complaint.  A  Scotch  lady  gave  her  servant 
girl  ten  pounds  upon  which  to  get  married.  The 
bridegroom  turned  out  to  be  old,  halt,  deaf  and  blind 
of  an  eye.  When  the  mistress  remonstrated  the  maid 
replied :  '  But,  ma'am,  what  can  you  expec'  for  ten 
pun  ? '  The  question  applies  to  our  city  affairs,  and 
the  reply  is  obvious.  You  get  what  you  pay  for. 
Efficiency  which  is  neither  halt,  deaf,  nor  blind,  but 
which  is  continuous  and  tireless,  is  worthy  of  its  hire ; 
[135] 


DETHRONEMENT   OF  THE   CITY   BOSS 

and  it  will  save  that  hire  many  times  over  in  the 
management  of  details,  and  in  accomplished  results. 

"  The  plan  proposed  would  give  the  public  greater 
personal  responsibility  and  accountability.  Now  there 
is  practically  none.  It  would  insure  greater  care  in 
selecting  a  board  to  manage  city  affairs.  One  alder- 
man elected  each  year  by  the  city  at  large,  who  may 
in  turn  become  mayor,  and  who  must  act  for  the 
whole  city,  rather  than  for  a  particular  ward  in  a 
special  sense,  and  for  the  whole  city  only  incidentally, 
must  inevitably  be  selected  with  greater  care  than 
aldermen  are  at  present.  It  would  give  men  who  act 
for  the  city  as  a  whole,  rather  than  an  aggregation  of 
special  representatives  for  special  wards  who  carry 
out  petty  and  selfish  schemes  without  regard  to  the 
general  good,  by  the  methods  of  log  rolling  politicians. 

"  Already  the  legislature  has  rejected  and  repu- 
diated our  present  city  councils  in  important  affairs 
of  city  government.  The  law  does  not  permit  them 
to  manage  waterworks,  but  requires  the  appointment 
of  a  board  of  three ;  it  does  not  permit  them  to  control 
public  libraries,  but  requires  special  boards  for  their 
administration ;  it  authorizes  park  commissioners  and 
boards  of  public  works  in  order  to  eliminate  city 
councils  as  far  as  possible.  The  legislature  testified 
to  its  distrust  of  city  councils  by  attempting  to  have 
[136] 


INITIATIVE   OF   THE   IOWA   BAR 

boards  for  water  works  appointed  by  the  courts.  It 
was  only  after  this  was  held  unconstitutional  that 
councils  were  permitted  even  indirect  control  of  pub- 
lic utilities  by  selecting  the  boards  who  manage  them. 

"  These  are  steps  in  the  right  direction  and  have 
given  us  better  results  as  to  these  matters.  But  they 
all  call  for  practically  gratuitous  services  from  the 
boards ;  each  board  necessarily  looks  after  its  own  af- 
fairs regardless  of  what  is  required  by  others.  There 
is  conflict  and  lack  of  coordination,  where  there  should 
be  a  harmonious  control  and  uniform  effort  for  all. 

"  A  multiplication  of  boards  is  objectionable  as  a 
multiplication  of  aldermen,  and  for  the  same  reasons. 
They  are  mere  expedients  to  get  rid,  as  to  them,  of 
an  admittedly  bad  system  of  municipal  government. 
Make  that  system  good  and  efficient  and  the  reason 
for  all  of  these  various  expedients  of  boards  is  gone. 
The  boards  should  go  when  the  reason  for  them 
ceases  to  exist.  An  entire  system  governing  all, 
rather  than  a  scrappy  system  governing  parts,  is  one 
of  the  benefits  of  reformed  and  efficient  city  control 
and  management. 

"  Practical  results  are  best  achieved  by  adding  to 
what  we  have,  rather  than  by  visionary  schemes  of 
rejecting  what  has  stood  the  test  of  time  and  sub- 
stituting a  wholly  new  invention  in  its  place.  The 
[  137] 


DETHRONEMENT   OF  THE   CITY  BOSS 

plan  proposed  has  this  merit.  It  proposes  the  modi- 
fication of  an  existing  system  to  meet  undeniable  evils 
which  have  developed  under  it,  and  to  adapt  that  sys- 
tem to  existing  conditions  which  are  widely  different 
from  fifty  years  ago.  There  need  be  no  fear  of  the 
proposed  modification.  It  cannot  give  us  worse  city 
government  than  we  have  now.  There  is  every  rea- 
son to  believe  it  will  give  us  better.  Let  it  have  a 
trial,  and  may  the  people  never  cease  trying  until  the 
evils  and  abuses  of  the  present  system  are  cut  up 
root  and  branch." 


[138] 


XVI 

SOME   FUNDAMENTAL   OBJECTIONS 
ANSWERED 

The  drift  of  the  times  away  from  the  municipal 
forms  with  which  the  American  people  have  long 
been  familiar  toward  government  by  a  small  body  of 
commissioners  chosen  by  the  people  is  sufficiently 
strong  to  insure  early  consideration  of  the  reform  in 
every  part  of  the  country.  It  therefore  becomes  im- 
portant, in  order  that  the  genius  of  the  nation  may  be 
fully  and  thoroughly  embodied  in  the  resultant  new 
municipal  modes,  that  every  honest  objection  arising 
in  the  popular  mind  receive  careful  attention,  and 
that  the  problem  of  adapting  the  commission  form  to 
local  conditions  be  everywhere  digested  with  the  ut- 
most thoroughness.  This  is  all  the  more  needful  be- 
cause of  the  very  popularity  of  the  new  plan.  The 
biblical  admonition  not  to  follow  a  multitude  to  do 
evil  is  hardly  more  applicable  than  the  counsel  which 
warns  us  not  to  embrace  any  popular  innovation  with- 
out putting  it  to  the  touchstone  of  our  own  best 
thought.  There  are  in  every  community  in  which  the 
[  139] 


DETHRONEMENT   OF  THE   CITY   BOSS 

commission  plan  of  government  is  broached,  genuine 
and  sincere  doubts  as  to  its  fundamental  soundness, 
its  consistency  with  republican  principles  and  its 
adaptability,  even  if  generally  right,  to  local  require- 
ments. It  is  not  only  fair  and  right  that  these  ques- 
tions be  heard  and  considered,  but  it  may  be  accepted 
as  a  general  rule  that  the  community  which  does  not 
"  thresh  out "  the  whole  subject,  taking  time  and  giv- 
ing opportunity  to  make  every  part  of  the  new  system 
its  own,  meeting  all  objections,  resolving  all  doubts 
and  finding,  through  its  own  thinking,  a  basis  on 
which  a  large  majority  of  its  people  may  unite,  will 
not  derive  from  a  government  by  commission  all  the 
benefits  it  is  seeking.  Even  superficial  and  mani- 
festly illogical  and  impertinent  opposition  should  be 
dealt  with  candidly  and  tolerantly.  The  utter  failure 
of  the  old  way  does  not  entitle  the  new  one  to  our 
adherence  simply  because  it  offers  a  change;  and 
prejudice  is  more  easily  turned  into  unaccustomed 
channels  by  diplomatic  methods  than  by  the  resorts 
of  arrogance. 

To  many,  the  government  of  a  city  by  a  single  body, 
few  in  numbers,  unchecked  by  other  independently 
chosen  officials  or  branches,  and  exercising  legislative, 
judicial  and  executive  functions  seems  inherently  un- 
republican.  We  have  the  assurance  of  the  courts  that 
[140] 


FUNDAMENTAL    OBJECTIONS    ANSWERED 

the  commission  plan  is  not  in  violation  of  the  constitu- 
tional guaranty  of  a  republican  form  of  government 
to  the  states;  but  if,  despite  the  fact  that  it  comes 
within  the  pale  of  mere  constitutionality,  it  will  import 
into  our  civic  life  an  insidious  principle  of  evil,  we 
should  not  open  our  doors  to  admit  it.  We  cannot  af- 
ford to  cultivate  efficiency  at  the  expense  of  popular 
liberty. 

If  the  city  was  in  reality  a  little  republic,  exercising 
over  its  territory  all  the  functions  of  government  be- 
longing to  our  states,  the  combination  of  all  of  its 
powers  in  one  body  might  indeed  be  fraught  with  dan- 
ger. But  while  cities  chance  as  governmental  en- 
tities to  exercise  some  executive,  some  legislative  and 
some  judicial  powers,  they  are  essentially  executive  in 
their  functions — business  corporations  for  the  conduct 
of  a  multitude  of  local  affairs,  in  which  the  chief  in- 
terest of  the  citizen  is  efficiency.  The  city  is  permeated 
by  the  parallel  sovereignties  of  the  state  and  the  nation, 
through  both  of  which  the  citizen  is  guaranteed  the 
rights  of  life,  liberty,  freedom  of  speech  and  press, 
safety  from  unwarranted  invasions  of  his  house  and 
all  the  immunities  to  which  the  ages  of  English  and 
American  liberty  have  made  him  heir.  He  does  not 
need  a  third  republic  to  overlap  or  underlie  these  agen- 
cies of  protection.  He  does  sadly  need  a  local  instru- 
[I4i] 


DETHRONEMENT  OF   THE   CITY  BOSS 

mentality  for  the  efficient  administration  of  the  affairs 
in  which  he  and  his  neighbor  are  most  directly  inter- 
ested. He  needs  a  tighter  rein  on  those  whom  he 
chooses  to  look  after  his  water  supply,  the  paving  of 
his  streets,  the  protection  of  his  property  from  fire,  and 
a  multitude  of  intimate  matters  of  that  sort.  If  he  is 
in  a  position,  by  a  direct,  instead  of  an  indirect  applica- 
tion of  the  democratic  principle,  to  see  that  his  city 
council  as  a  legislative  body  enacts  only  just  ordi- 
nances ;  to  see  that  as  an  executive  body  it  enforces 
those  ordinances  faithfully  in  the  public  interest,  and 
to  see  that  such  slight  judicial  powers  as  the  state  re- 
stricts it  to  are  exercised  honestly  and  rightly,  why 
need  he  worry  about  "  checks  and  balances  "  ?  He 
already  enjoys,  through  a  more  democratic  regime, 
the  very  benefits  to  secure  which  the  system  of 
"  checks  and  balances  "  was  instituted. 

The  tremendous  effectiveness  of  the  commission 
plan  through  its  very  simplicity  and  the  directness 
with  which  public  opinion  acts  to  enforce  the  public 
will  obscures  the  wonderfully  complete  success  which 
has  everywhere  thus  far  attended  the  operation  of  the 
new  system.  It  stands,  as  it  were,  in  its  own  light. 
There  is  so  little  friction  in  the  public  service ;  the 
right  thing  is  done  so  promptly  and  uniformly  that 
the  monotony  of  good  results  becomes  almost  un- 
[  142] 


FUNDAMENTAL    OBJECTIONS   ANSWERED 

canny.  Friends  and  foes  of  the  plan  are  apparently 
both  waiting  for  trouble  of  some  kind  to  arise  so  as 
to  test  it  more  crucially.  Certainly,  they  think,  it 
cannot  always  continue  to  produce  such  excellent  re- 
sults. Wait  till  the  councilmen  or  commissioners  be- 
gin to  behave  as  our  old  aldermen  did,  betraying  and 
defying  the  public  will  and  then,  by  manipulation  of 
elections,  perpetuating  their  power.  Will  not  this 
small  council,  unchecked  by  any  other  department, 
controlling  both  appropriations  and  expenditures,  and 
exercising  legislative,  executive  and  judicial  powers 
unhindered  save  by  the  state  and  federal  courts,  play 
havoc  with  the  public  welfare?  The  all-sufficient  an- 
swer is  that  direct  responsibility  to  the  people  of  the 
entire  city,  reenforced  by  the  initiative,  referendum, 
protest  and  recall,  has  really  and  truly  reestablished 
democracy;  and  that,  the  man  of  the  house  being  al- 
ways at  home,  the  servant  remains  a  servant  and 
ceases  to  be  a  menace  to  his  master's  interests. 

But  is  there  not  danger  in  the  small  size  of  the 
council?  Can  the  people  trust  so  much  power  in  the 
hands  of  five  men?  In  some  states,  the  smaller  cities 
are  already  authorized  to  adopt  charters  providing 
for  government  by  three  commissioners  instead  of 
five.  Will  not  three  bad  men,  constituting  all  of  such 
a  commission,  or  a  majority  of  the  council  of  five,  set 
[143] 


DETHRONEMENT   OF   THE   CITY   BOSS 

up  a  local  oligarchy,  intrench  themselves  behind  a 
"  machine "  sustained  by  the  power  of  public  pat- 
ronage, and  establish  a  bossism  more  odious  than  any 
of  the  cities  of  the  country  have  ever  known?  Or 
will  not  the  public  service  corporations,  or  other  self- 
ish private  interest,  or  all  combined,  find  it  easier  to 
control  or  corrupt  a  small  body  than  a  large  one? 

These  are  legitimate  questions  and  should  not  be 
evaded  by  the  supporters  of  the  new  plan.  It  should 
be  remembered,  however,  that  a  fair  amount  of  ca- 
pacity for  self-government  on  the  part  of  the  citizens 
of  any  American  city  is  to  be  assumed.  To  assume 
the  worst,  why  is  it  to  be  taken  for  granted  that  bad 
men  will  be  elected?  Why,  after  they  are  elected, 
are  we  to  expect  that  the  universal  law  that  men  grow 
better  and  stronger  under  responsibility  will  be  abro- 
gated in  our  municipal  affairs?  The  fact  is  that  the 
good  results  everywhere  uniformly  recorded  under 
the  commission  plan  of  government  are  exactly  what 
we  had  a  right  to  expect  from  the  election  of  a  small 
governing  body  by  the  citizens  of  a  city  acting  at 
large,  regardless  of  ward  and  partizan  lines;  from  a 
division  of  municipal  functions  among  clearly  defined 
departments,  and  from  the  reservation  of  power  in 
the  hands  of  the  people  through  the  initiative,  refer- 
endum, protest  and  recall.  The  commission  form  of 
[144] 


FUNDAMENTAL    OBJECTIONS    ANSWERED 

government  rests  upon  the  eternal  principles  of  a  hu- 
man nature  which  has  not  fundamentally  changed 
since  the  dawn  of  history. 

Paradoxical  as  it  may  seem,  it  is  easier  for  sinister, 
anti-public  influences  to  control  a  large  body  than  a 
small  one.  The  sense  of  responsibility  increases  as 
the  number  upon  whom  it  rests  diminishes.  If  to  the 
constraining  force  of  this  law  be  added  that  which 
arises  from  the  unification  of  the  community  by  elec- 
tion at  large  instead  of  by  wards,  it  may  readily  be 
seen  why  a  city  council  of  two  chambers  or  one  of 
a  single  chamber  consisting  of  many  members  may 
be  seduced  from  the  path  of  duty  while  a  commission 
of  five,  each  solemnly  charged  with  specific  duties 
and  facing  definite  responsibility  to  a  constituency 
empowered  to  enforce  its  will,  would  resist  all  the 
arts  of  the  lobby.  It  is  not,  then,  really  so  strange 
that  wherever  cities  are  governed  by  responsible  com- 
missions, the  voice  of  municipal  scandal  is  silenced, 
seemingly  for  all  time. 

The  contention  that  the  Des  Moines  plan,  while 
conceded  to  work  excellently  in  cities  of  small  or 
moderate  size,  would  not  bear  the  strains  of  the  vast 
business  of  a  city  like  Chicago,  Philadelphia,  Boston 
or  New  York,  while  not  involving  considerations  so 
fundamental  as  those  just  dealt  with,  is  worthy  of  a 
[145] 


DETHRONEMENT   OF   THE   CITY   BOSS 

moment's  attention  before  we  leave  this  subject.  At 
what  stage  of  a  city's  growth,  it  may  fairly  be  asked, 
does  it  cease  to  be  subject  to  the  general  rules  which 
govern  the  organization  and  administration  of  business 
affairs?  Is  partizanship  a  more  beneficent  influence 
in  a  large  city  than  in  a  small  one?  Has  national 
politics  a  more  legitimate  place  in  the  selection  of  an 
alderman  in  Philadelphia  than  in  the  choice  of  a  com- 
missioner in  Galveston?  Is  the  ward  system  an  un- 
mixed good  in  any  of  our  great  cities?  In  which  of 
these  cities  is  the  governing  body  too  responsive  to 
public  opinion? 

No  one  who  realizes  the  almost  infinite  complexity 
of  the  life  of  a  great  city  like  New  York  would  con- 
tend that  any  ready-made  system  of  government 
could  be  easily  adapted  to  the  administration  of  its 
vast  municipal  business.  It  will  not,  however,  be  de- 
nied that  unless  the  public  in  such  a  city  is  to  submit 
to  the  policy  or  no-policy  of  drifting  into  ever  greater 
and  more  mystifying  complexity,  even  our  great  cities 
have  much  to  learn  now,  and  much  more  as  the  fu- 
ture shall  unfold,  from  the  simpler  forms  and  more 
democratic  spirit  of  the  municipal  governments  of 
Des  Moines,  Galveston  and  other  cities  which  are,  for 
themselves  at  least,  solving  the  problems  of  munici- 
pal government. 

[146] 


XVII 

INTERESTING    MODIFICATIONS    OF    THE 
GALVESTON-DES   MOINES   PLAN 

One  of  the  distinct  aims  of  the  municipal  reformers 
of  the  United  States  as  represented  by  the  National 
Municipal  League  is  the  emancipation  of  cities  from 
the  domination  of  the  legislatures  of  their  respective 
states.  Whatever  may  be  the  capacity  of  our  great, 
heterogeneous  urban  populations  for  self-government, 
it  cannot  be  developed  to  its  highest  possibilities  so 
long  as  there  is  no  basis  for  the  self-respect  and  self- 
reliance  which,  in  communities  as  in  individuals,  go 
with  a  reasonable  degree  of  command  over  their  own 
destinies.  Cities  are  humiliated  and  degraded  by  the 
constant  intermeddling  in  their  local  affairs  of  bodies 
essentially  foreign  to  them;  and  the  tendency  on  the 
part  of  legislatures  to  usurp  jurisdiction  over  large 
cities  within  the  borders  of  their  states  has  been 
strengthened  by  the  partizan  government  of  cities 
and  further  accentuated  by  the  fact  that  several  of 
our  large  cities  have  adhered  to  the  parties  which 
were  in  the  minority  in  their  respective  states. 
[147] 


DETHRONEMENT   OF  THE   CITY   BOSS 

A  marked  characteristic  of  the  present  charter 
movement  has  been  the  aggressive  local  spirit  de- 
veloped in  the  cities  which  have  embraced  it.  No 
sooner  has  a  city  manifested  a  deep  and  abiding  in- 
terest in  government  by  commission  than  there  has 
appeared  alongside  of  it  a  spirit  of  independence  and 
a  determination  of  the  city  to  rule  its  own  affairs 
that  bode  no  good  for  the  traditional  combination  of 
bad  city  and  state  politics.  Hampered  tho  they  are 
by  written  constitutions,  the  American  people  are  as 
resourceful  in  politics  as  in  invention,  industry  and 
business;  and  this  resourcefulness  is  appearing  in  the 
modifications  of  the  commission  system  adopted  in 
various  cities  and  states. 

The  highest  degree  of  autonomy  which  an  Ameri- 
can city  can  enjoy  is  that  prevailing  in  the  states 
which  by  their  constitutions  permit  cities  to  frame 
their  own  charters.  The  states  of  Missouri,  Cali- 
fornia, Washington,  Minnesota,  Colorado,  Oregon, 
Oklahoma  and  Michigan  have  more  or  less  liberal 
constitutional  guarantees  of  this  character.  In  other 
states,  charters  may  be  obtained  only  by  acts  of  the 
legislatures,  and,  even  if  of  purely  local  origin,  must 
bear  the  form  of  state  laws.  The  Des  Moines  char- 
ter, tho  entirely  a  local  product,  is  necessarily  not 
only  a  state  law,  but,  under  the  state  constitution,  a 
[148] 


MODIFICATIONS   OF   THE   PLAN 

law  of  general  application.  For  this  reason,  every 
Iowa  city  adopting  the  new  form  of  government — as 
Cedar  Rapids,  Keokuk,  Burlington  and  Sioux  City 
have  done — must  accept  the  Des  Moines  charter  as 
its  own. 

As  might  have  been  anticipated,  the  strongest  dis- 
position to  adopt  provisions  departing  from  the  type 
of  government  established  by  Galveston  and  Des 
Moines  has  been  shown  in  one  of  the  states  enjoying 
the  largest  constitutional  liberty  in  charter-making. 
By  incorporating  in  its  new  charter  the  principle  of 
preferential  voting,  heretofore  untried  in  this  coun- 
try, the  city  of  Grand  Junction,  Colorado,  has  chal- 
lenged the  attention  of  municipal  reformers,  and  in- 
augurated the  practical  exemplification  of  a  method 
of  selecting  city  officers  which  cannot  fail  to  interest 
students  of  municipal  government  everywhere. 

The  Grand  Junction  governing  body  consists  of 
commissioners  of  public  affairs,  water  and  sewers, 
finance  and  supplies,  highways,  and  health  and  civic 
beauty.  Each  commissioner  is  elected  for  one  of  these 
five  specific  positions,  the  commission  not  being  left 
free  to  assign  its  members  to  the  several  departments, 
as  in  Galveston  and  Des  Moines. 

The  method  of  voting  permits  the  voter  to  indicate 
his  first,  second  and  third  choice  among  the  candidates 
[  H9] 


DETHRONEMENT  OF  THE   CITY   BOSS 

for  each  office.  Only  one  first  choice  and  one  second 
choice  may  be  voted  for  each  office;  but  the  elector 
may  indicate  as  many  third  choices  as  he  desires,  with 
the  limitation  that  he  must  omit  voting  for  one  name 
for  each  office,  if  there  be  more  than  one  candidate 
therefor.  Thus,  if  there  be  six  candidates  for  one 
office,  he  may  indicate  one  first  choice,  one  second 
choice  and  three  third  choices;  if  four  candidates,  he 
is  restricted  to  one  first,  one  second  and  one  third 
choice. 

If  any  candidate  for  any  office  receive  a  majority  of 
all  the  votes  as  first  choice,  he  is  declared  elected.  If 
no  candidate  have  such  a  majority,  the  candidate  re- 
ceiving the  lowest  first  choice  vote  is  dropt  out  of  the 
count,  and  the  canvassing  board  proceeds  to  include 
the  second  choice  votes,  adding  them  in  each  case  to 
the  first  choice  poll.  If  no  candidate  then  have  a  ma- 
jority, the  third  choice  vote  of  each  candidate  is  added 
to  the  sum  of  the  first  and  second  choice  votes  and  the 
candidate  having  the  largest  total  is  then  duly  de- 
clared to  be  elected. 

The  preferential  system  gives  the  benefit  of  organi- 
zation to  the  unorganized  mass  of  voters  as  against 
those  elements  of  the  electorate  which  are,  from  vari- 
ous causes,  always  in  a  state  of  quasi  organization. 
It  therefore  makes  for  democracy  in  the  larger  sense, 
[150] 


MODIFICATIONS    OF   THE   PLAN 

in  so  far  as  popular  rule  can  be  made  effective  through 
the  election  of  officials. 

The  Grand  Junction  voting  plan  gathers  from  a 
single  mood  of  the  people  of  a  city  on  one  election  day 
an  expression  of  their  will  as  to  candidates,  making 
it  effective  without  the  second  election  provided  for  in 
the  Des  Moines  charter.  Its  value  may  best  be  de- 
termined, in  advance  of  the  experience  which  must  re- 
main the  truest  test,  by  comparing  and  contrasting  it 
with  the  double  election  provision  of  the  Des  Moines 
plan. 

By  the  Des  Moines  method,  all  but  two  of  the  can- 
didates for  mayor  and  all  but  eight  of  the  candidates 
for  councilmen  are  dropt  after  the  primary  election, 
whereas  the  Grand  Junction  method  leaves  all  candi- 
dates except  the  lowest  in  the  poll  in  the  running 
until  the  end.  The  Des  Moines  plan  assumes  that  one 
of  the  two  highest  candidates  for  mayor  and  four  of 
the  eight  highest  candidates  for  councilmen  in  the 
primary  are  the  best  men  for  these  places,  while  the 
Grand  Junction  plan  leaves  that  question  open.  In 
Des  Moines,  the  voters  are  furnished,  in  the  returns 
from  the  primary  election,  definite  information  as  to 
the  sentiment  and  opinion  of  the  community  as  a  com- 
munity and  then,  two  weeks  later,  are  permitted  to 
register  their  final  verdict;  whereas,  in  Grand  June- 
[  151  1 


DETHRONEMENT   OF   THE   CITY   BOSS 

tion,  no  opportunity  is  given  for  a  revision  of  the  pub- 
lic decision  as  to  candidates.  Des  Moines  compels 
the  man  favoring  the  candidates  failing  of  the  nomi- 
nation to  transfer  his  allegiance  to  one  of  the  two 
highest  candidates  for  mayor  and  four  of  the  eight 
highest  candidates  for  councilmen,  i.e.,  the  nominees 
of  the  primary,  while  Grand  Junction  gives  effect, 
through  second  and  third  choice  votes,  to  his  original 
preferences  except  that  the  very  lowest  name  may  be 
dropt.  The  question  which  is  the  better  system  there- 
fore resolves  itself  into  one  of  the  relative  value  of 
the  conscious  second  choice  opened  to  the  community 
by  the  Des  Moines  plan  and  the  larger  liberty  of  selec- 
tion, without  opportunity  for  deliberate  revision,  af- 
forded by  the  Grand  Junction  plan. 

Very  interesting  and  important  and  hardly  less  novel 
as  a  political  experiment  than  the  preferential  voting 
system  of  Grand  Junction  is  the  contingent  and  con- 
ditional term  of  office  conferred  upon  its  mayor  by 
the  city  of  Boston  in  the  charter  recently  adopted  by 
popular  vote  of  that  large  city.  By  this  instrument, 
the  mayor  is  eligible  for  a  term  of  four  years ;  but 
at  the  state  election  held  in  November  during  his  sec- 
ond year  of  service,  the  question  must  be  submitted 
to  the  voters,  "  Shall  there  be  an  election  for  mayor 
at  the  next  municipal  election?"  and  if  the  majority 
[152] 


MODIFICATIONS   OF   THE   PLAN 

vote  "  yes,"  the  incumbent  of  the  mayor's  office  must 
face  the  ordeal  of  an  election  in  January,  at  the  mid- 
dle of  his  four  years'  term;  whereas,  if  the  negative 
prevail,  he  is  permitted  to  serve  out  his  full  term. 

The  Boston  charter  assumes  the  desire  of  the  head 
of  the  city  government  to  continue  in  office  for  the 
full  term,  tho  providing  a  method  of  voluntary  re- 
tirement without  prejudice  at  the  end  of  two  years 
as  well  as  for  enforced  confrontment  with  a  popular 
vote  of  confidence  or  lack  of  confidence.  There  is  in 
this  provision  the  essence  of  the  recall,  without  its 
supposed  tendency  to  make  an  official  over-studious 
of  the  changing  moods  of  the  populace.  During  the 
first  two  years  of  the  term,  while  the  administration 
is  making  those  first  impressions  which  are  most  last- 
ing and  while  its  character  is  necessarily  being  fixt 
by  the  quality  of  its  acts,  the  mayor  has  the  incentive 
of  a  four  years'  term  and  a  negative  vote  on  the  ques- 
tion of  holding  a  mid-term  election  to  spur  him  to 
good  service.  Under  the  new  charter,  too,  he  is 
vested  with  large  powers  and  responsibilities,  ad- 
mittedly making  for  good  service. 

While  clearly  not  of  the  Galveston-Des  Moines 
type,  the  Boston  charter  provides  for  a  municipal  or- 
ganization of  great  simplicity  of  structure,  with  dis- 
tinct centralization  of  responsibility,  separation  of 
[153] 


DETHRONEMENT   OF   THE   CITY   BOSS 

municipal  from  state  and  national  elections,  abolition 
of  partizan  nominations  and  the  election  of  all  mem- 
bers of  the  council  of  nine  members  by  the  city  at 
large.  Its  adoption  marks  the  highest  point  yet 
reached  in  charter-making  by  any  of  the  great  cities 
of  the  country. 

Most  unique  among  the  provisions  of  the  Boston 
charter  and  most  far-reaching  in  its  influence  for 
good  if  successfully  enforced  is  the  requirement  that 
the  heads  of  departments,  who  are  to  be  appointed  by 
the  mayor  without  confirmation  by  the  council,  "  shall 
be  recognized  experts  in  such  work  as  may  devolve 
upon  the  incumbents  of  said  offices,  or  persons  spe- 
cially fitted  by  education,  training  and  experience  to 
perform  the  same,"  and  that,  excepting  election  com- 
missioners, they  shall  be  appointed  without  regard  to 
party  affiliation  or  to  residence  at  the  time  of  appoint- 
ment. This  establishes  a  criterion  for  which  Dr. 
Chas.  W.  Eliot  has  contended,  as  well  as  what  ap- 
pears to  be  an  adequate  instrumentality  for  its  main- 
tenance. For  the  qualifications  thus  definitely  pre- 
scribed are  not  left  to  the  arbitrary  judgment  of  the 
appointing  power — the  mayor's  appointments  not  be- 
coming operative  unless  at  least  a  majority  of  the 
state  civil  service  commission  shall  certify,  within 
thirty  days,  that  they  have  inquired  into  the  qualifica- 
[154] 


MODIFICATIONS   OF   THE   PLAN 

tions  of  the  appointees  and  found  that  the  law  has 
been  complied  with. 

One  of  the  important  powers  conferred  upon  the 
mayor  by  the  Boston  plan  is  that  of  originating  the 
city's  annual  budget.  The  council  may  eliminate  ap- 
propriations from  the  budget  as  submitted  by  him, 
but  may  not  increase  any  appropriation  or  add  new 
items ;  while  if  they  pass  any  act,  order,  resolution  or 
motion  involving  the  expenditure  of  money,  the 
mayor  may  approve  some  features  in  whole  or  in 
part,  and  disapprove  others  in  whole  or  in  part. 

The  typical  commission  of  five  members,  as  repre- 
sented by  the  governing  bodies  of  Galveston,  Hous- 
ton, Dallas,  Des  Moines,  Cedar  Rapids  and  Leaven- 
worth, holds  office  for  a  term  of  two  years,  the  terms 
of  all  five  of  the  commissioners  expiring  at  the  same 
time.  Colorado  Springs,  in  the  charter  it  adopted  in 
1909,  provided  for  a  continuous  body,  the  terms  of 
office  of  the  commissioners  expiring  at  different  times 
and  a  part  of  the  commission  always  holding  over. 
The  Wisconsin  law  includes  this  provision  and  omits 
the  recall  and  initiative. 

The  city  of  Berkeley,  California,  in  a  freeholders' 
charter  which  went  into  effect  July  1st,  1909,  estab- 
lished a  commission  form  of  government  of  the  Gal- 
veston-Des  Moines  type,  providing  for  the  selection 

[155  1 


DETHRONEMENT   OF   THE   CITY   BOSS 

by  the  voters  acting  at  large  of  a  mayor,  four  com- 
missioners, an  auditor  and  four  school  directors,  and 
embodying  provisions  for  the  initiative,  referendum 
and  recall.  The  charter  provides  for  two  municipal 
elections,  three  weeks  apart,  care  being  taken  to  avoid 
giving  the  first  one  the  character  of  a  primary.  This 
is  accomplished  by  making  the  first  vote  final  as  to 
all  offices  for  which  any  candidate  receives  a  ma- 
jority of  all  the  votes  cast,  and  restricting  the  second 
election  to  those  offices  for  which  no  candidate  re- 
ceives a  clear  majority  at  the  first.  As  in  Des 
Moines,  the  two  candidates  for  mayor  and  for  each 
of  the  four  commissionerships  are  the  candidates,  and 
the  only  candidates,  whose  names  go  on  the  official 
ballot  for  the  second  election,  but  only  to  the  extent 
to  which  the  places  were  not  filled  at  the  first  election. 
After  the  first  election,  the  councilmen  and  school  di- 
rectors have  a  four-year  term,  two  councilmen  and 
two  school  directors  going  out  of  office  every  two 
years. 

The  name  "  commission  "  was,  at  the  beginning  of 
the  charter  movement,  misleading,  in  that  it  conveyed 
the  impression  of  an  appointive  body  commissioned 
to  perform  certain  specific  duties.  The  word,  how- 
ever, has  taken  on  the  new  meaning  established  by 
vital  new  facts  in  municipal  history,  and  is  no  longer 
[156] 


MODIFICATIONS   OF   THE   PLAN 

misunderstood.  It  is  still  admitted  that  neither  Gal- 
veston, which  calls  the  members  of  its  governing 
body  "  commissioners,"  nor  Houston,  which  retains 
the  names  "  mayor "  and  "  aldermen,"  nor  Des 
Moines,  which  adheres  to  the  titles  "  mayor "  and 
"  councilmen,"  has  been  felicitous  in  providing  a 
terminology  for  the  new  regime.  The  duties  of  the 
commissioners  are,  perhaps,  more  nearly  identical 
with  those  of  the  directors  of  a  banking  or  commer- 
cial corporation  or  the  department  managers  of  a 
large  mercantile  or  manufacturing  concern;  but  the 
popular  instinct  which  has  shrunk  from  the  adoption 
of  these  more  truly  descriptive  titles  may  be  wiser 
than  the  business  sense  which  discerns  in  efficiency 
the  one  great  desideratum  for  cities.  After  all,  city 
government,  tho  dealing  mainly  with  matters  of  busi- 
ness, is  still  government  and  not  business  only. 


[157] 


XVIII 

TWO  PRACTICAL  TESTS  OF  THE  DOUBLE 
ELECTION    PLAN 

When  the  Des  Moines  charter  came  from  the  hands 
of  the  committee  of  five  lawyers  who  framed  it,  it  pro- 
vided for  only  one  municipal  election,  pluralities  deter- 
mining the  selection  of  the  mayor  and  four  councilmen. 
While  the  enabling  act  authorizing  Des  Moines  and 
other  cities  to  avail  themselves  of  its  advantages  was 
pending  before  the  general  assembly,  the  committee  of 
citizens  in  charge  of  the  measure  held  a  conference 
with  the  local  members  of  the  legislature,  at  which  the 
governor  was  present. 

When  the  section  providing  for  the  election  of  the 
mayor  and  council  was  under  consideration,  Governor 
A.  B.  Cummins  pointed  out  the  danger  that  private  in- 
terests, taking  advantage  of  the  liberal  nomination 
privileges  of  the  act,  could  put  a  set  of  candidates  in 
the  field,  divide  the  public  by  bringing  out  a  multitude 
of  local  candidates,  and,  by  concentrating  the  votes  they 
controlled  upon  their  own  "  slate,"  rule  the  city  through 
a  skilfully  handled  minority  of  the  voters.  The  com- 
[158] 


TESTS  OF  THE  DOUBLE  ELECTION  PLAN 

mittee  invited  Mr.  Cummins  to  draft  a  provision  which 
would  remove  this  objection.  He  promptly  responded 
with  the  double  election  provision  which  is  now  recog- 
nized as  one  of  the  most  valuable  features  of  the  Des 
Moines  plan — a  piece  of  constructive  statesmanship 
of  which  scores  of  cities  have  already  taken  advantage 
and  which  bids  fair  to  become  a  part  of  the  American 
city  charter  of  the  future. 

The  relative  value  of  this  double  election  plan  and 
the  preferential  voting  system  which  commands  hearty 
popular  approval  at  Grand  Junction,  Colorado,  was 
briefly  considered  in  the  last  preceding  chapter.  To 
give  the  reader  a  better  understanding  of  how  the 
double  election  plan  works  out  in  practise,  a  somewhat 
detailed  account  of  the  Des  Moines  double  municipal 
elections  of  March  16th  and  30th,  1908,  and  March 
14th  and  28th,  1910,  may  not  be  out  of  place. 

During  the  campaign  leading  up  to  the  election  by 
which  the  charter  was  adopted  by  the  people  in  1907, 
its  friends  had  emphasized  its  essentially  democratic 
character  as  transferring  the  control  of  municipal  af- 
fairs from  the  hands  of  the  few  to  the  community  as 
a  whole.  This  contention  was  bitterly  challenged,  but 
without  success. 

There  were  those,  however,  in  the  charter  party  who 
all  along  contended  that  there  must  after  all  be  organ- 
[159] 


DETHRONEMENT   OF  THE   CITY   BOSS 

ized  action  among  the  best  citizens  to  select  a  ticket 
of  five  men  on  whom  the  better  element  should  unite, 
urge  their  nomination  at  the  primary  and  carry  on  a 
campaign  on  their  behalf  until  the  final  election. 
Others  insisted  that,  while  there  must  always  be  organi- 
zation and  leadership,  there  must  be  a  certain  spon- 
taneity of  action  and  a  generally  recognized  freedom 
of  candidacies  in  order  to  give  effect  to  the  spirit  and 
letter  of  the  charter.  United  up  to  the  charter  election, 
the  advocates  of  the  new  system  divided  on  this  issue. 
Into  the  controversy  thus  engendered  at  the  time  of 
the  first  municipal  election  under  the  commission  plan 
entered  a  personal  element,  that  of  opposite  views  as  to 
the  desirability  of  electing  as  a  member  of  the  first 
council  Mr.  John  MacVicar,  former  mayor  of  the  city, 
then  and  for  many  years  secretary  of  the  League  of 
American  Municipalities,  an  expert  in  all  matters  mu- 
nicipal and — one  of  the  most  adroit  politicians  in  the 
city  and  state ;  a  man  hated  by  the  public  service  cor- 
porations for  his  uncompromising  attitude  in  favor  of 
strict  regulation  of  rates,  limitation  of  franchises,  pub- 
licity and  general  control  of  corporate  affairs;  one  of 
those  public  men  whose  positive  character  divides  com- 
munities into  idolatrous  followers  and  bitter  enemies. 
Mr.  MacVicar  had  powerfully  contributed  to  the  move- 
ment for  the  adoption  of  the  commission  plan ;  but  the 
[160] 


TESTS  OF  THE  DOUBLE  ELECTION  PLAN 

majority  of  the  leaders  of  the  charter  movement,  be- 
lieving that  he  would  be  a  "  firebrand  "  in  the  new 
council  and,  through  his  strong  personality,  would  un- 
duly dominate  it,  insisted  that  a  well-balanced  ticket, 
composed  of  strong  business  men,  should  be  agreed 
upon  by  the  committee  of  three  hundred,  and  that, 
in  the  interest  of  harmony,  his  name  must  be  tabooed 
from  the  start.  Other  friends  of  the  charter  took  the 
opposite  view  and  championed  the  principle  of  un- 
guided,  spontaneous  candidacies  and  reliance  upon  the 
double  election  to  work  out  the  city's  political  salvation. 

Mr.  MacVicar  became  a  candidate  without  consult- 
ing the  recognized  leaders  of  the  charter  campaign; 
and  a  multitude  of  candidates,  good,  bad  and  indiffer- 
ent, followed  suit.  The  original  charter  party  carried 
out  its  program  of  selecting  five  unexceptionable  men 
for  the  first  commission,  and  these  candidates,  canvass- 
ing the  city  in  a  body,  appealed  for  votes  and  received 
the  earnest  support  of  two  of  the  three  newspapers 
favoring  the  charter,  as  "  the  Des  Moines  plan  ticket." 

The  mass  of  the  voters,  the  majority  of  them  sup- 
porters of  MacVicar,  resented  the  assumption  of  lead- 
ership on  the  part  of  the  committee  of  three  hundred 
and  early  showed  signs  of  deep-seated  hostility  to  "  the 
slate,"  as  the  group  of  candidates  so  championed  came 
to  be  called.  An  influential  local  newspaper,  with  a 
[161] 


DETHRONEMENT   OF  THE   CITY   BOSS 

strong  hold  on  the  working-men,  abandoned  what  had 
been  a  hard-and-fast  combination  of  the  press  in  sup- 
port of  the  charter  and  urged  the  election  of  three 
independent  candidates  —  MacVicar,  Charles  W. 
Schramm,  a  city  assessor  of  fine  record,  and  John  L. 
Hamery,  a  reform  member  of  the  old  city  council.  A 
fourth  newspaper,  which  had  opposed  the  charter,  vio- 
lently assailed  "  the  slate  "  and  urged  the  election  of 
candidates  put  forward  in  the  interest  of  the  "  city 
hall  gang." 

The  partizans  of  "  the  slate  "  succeeded  at  the  pri- 
mary in  getting  four  of  their  five  candidates  on  the  final 
ballot — a  popular  manufacturer  for  mayor,  a  college 
professor,  a  coal  operator  and  a  real  estate  dealer  for 
councilmen — all  admirably  adapted  for  public  service. 
Against  these  candidates  were  pitted  A.  J.  Mathis  for 
mayor  and,  for  councilmen,  Messrs.  MacVicar,  Hamery 
and  Schramm,  with  Wesley  Ash,  a  coal  miner  who 
had  been  a  deputy  sheriff,  and  W.  H.  Brereton,  a 
contractor  who  had  been  prominent  in  city  politics  for 
several  years  and  was  a  member  of  the  old  city  council. 

Judge  Mathis,  who  had,  as  head  of  the  police  court, 
been  a  prominent  factor  in  maintaining  a  virtual 
license  system  for  prostitution,  levying  periodical  fines 
on  fallen  women,  was  severely  criticized  by  some  of 
the  supporters  of  "  the  slate  "  and  it  was  hoped  that  the 
[162] 


TESTS  OF  THE  DOUBLE  ELECTION  PLAN 

deep  feeling  of  the  best  citizens  against  the  segregation 
and  recognition  of  the  social  evil  as  a  permanent  part 
of  the  community  life  would  lead  to  his  defeat  by  the 
candidate  of  the  charter  party  for  mayor.  As  the 
final  election  approached,  however,  the  popular  wrath 
against  the  slate  as  a  ticket  brought  out  by  the  few  be- 
came inflamed  almost  to  a  frenzy.  The  result  was  the 
overwhelming  defeat  of  every  candidate  on  "  the  Des 
Moines  plan  ticket,"  and  the  election  of  Mathis  as 
mayor,  and  Mac  Vicar,  Schramm,  Hamery  and  Ash  as 
councilmen. 

The  first  council  was  far  from  ideal,  consisting  of 
two  incongruous  and  antagonistic  elements;  Mathis 
and  Ash  representing  "  the  liberal  element,"  who  de- 
sired what  is  known  as  "  a  wide  open  town  "  as  to 
gambling,  saloon  restrictions  and  the  social  evil,  and 
MacVicar  and  Schramm,  after  some  experimenting  in 
other  directions,  cooperating  with  Hamery  in  the  pol- 
icy of  abolishing  the  red-light  district  and  enforcing 
the  laws  against  gambling,  in  its  petty  as  well  as  its 
grosser  forms.  The  administration  as  a  whole  was 
successful  beyond  all  expectations,  demonstrating  that 
even  with  a  personnel  not  wholly  satisfactory,  the  new 
system  had  inherent  possibilities  for  good. 

The  crushing  defeat  of  a  conscientiously  selected 
ticket  at  the  election  of  1908,  as  above  set  forth,  con- 
[163] 


DETHRONEMENT   OF  THE  CITY   BOSS 

vinced  all  concerned  that  democracy  was  indeed  in 
the  saddle  and  that  in  the  future  it  would  be  worse 
than  useless  to  seek  popular  support  for  any  combina- 
tion of  candidates  openly  announced  in  advance  as  the 
choice  of  any  committee,  club  or  organization  of  any 
kind  whatsoever ;  that,  to  gain  favorable  attention  from 
the  electorate,  candidates  must,  at  least  in  the  first 
instance,  come  into  the  field  as  individuals;  and  that 
indorsements  of  "  slates,"  either  by  individuals  or  or- 
ganizations, would  be  hazardous  to  the  success  of  can- 
didates so  favored. 

The  election  of  1910  took  on  a  radically  different 
aspect  from  that  of  1908,  although  it  was  character- 
ized, as  was  the  latter,  by  the  formation  of  numerous 
local  clubs,  improvement  leagues  and  other  organiza- 
tions, before  which  the  various  candidates  were  invited 
to  appear,  answer  questions  and  make  speeches — a 
style  of  campaigning  as  novel,  locally,  as  the  new  sys- 
tem itself.  A  multitude  of  issues,  moral  and  economic, 
were  developed  by  the  ante-primary  campaign,  but  the 
preliminary  contest  was  very  quiet,  there  being  only 
twenty-four  candidates  for  the  five  places  in  the  coun- 
cil, which  was  less  than  half  as  many  as  in  the  primary 
election  two  years  before.  About  12,500  votes  were 
cast  at  the  primary  election  on  March  14th — about  an 
average  vote  for  a  state  election — with  the  result  that 
[164] 


TESTS  OF  THE  DOUBLE  ELECTION  PLAN 

the  ten  names  qualified  to  go  on  the  final  official  ballot, 
with  the  votes  cast  for  each,  were  as  follows : 

For  Mayor. 

James  R.   Hanna,  3,143. 
A.  J.  Math  is,  4,879. 

For  Councilmen. 

Wesley  Ash,  6,870. 
W.  H.  Brereton,  5,090. 
E.  D.  Brigham,  3,338. 
J.  L.  Hamery,  3,736. 
John  MacVicar,  6,716. 
W.  A.  Needham,  3,554. 
Z.  G.  Roe,  6,346. 
C.  W.  Schramm,  4,582. 

Several  thousand  votes,  of  course,  were  cast  for  the 
fourteen  candidates  who  failed  to  win  the  nominations. 

The  community  was  astounded  to  read  in  the  re- 
turns that  it  had  apparently  declared  for  "  a  wide  open 
town  " ;  five  of  the  ten  nominees,  Messrs.  Mathis,  Ash, 
Brereton,  Needham  and  Roe,  being  the  "  slate  "  that 
had  been  unobtrusively  indorsed  or  recommended  by 
the  "  Consolidation  Club,"  an  organization  extempo- 
rized by  "  the  liberal  element,"  in  which  saloonkeepers, 
gamblers  and  advocates  of  licensing  the  social  evil  had 
been  active  and  prominent.  Moreover,  four  of  these 
[165] 


DETHRONEMENT   OF  THE   CITY   BOSS 

were  the  high  men  in  the  poll,  and,  had  not  the  Cum- 
mins amendment  to  the  charter  been  adopted,  would 
have  been  in  control  of  Des  Moines'  second  city  coun- 
cil under  the  commission  system.  One  of  the  four, 
W.  H.  Brereton,  was  thoroughly  representative  of  the 
spirit  and  methods  of  the  old  regime.  Others  had 
declared  that  the  red-light  district  would  never  be  re- 
opened, but  their  good  faith  was  questioned. 

Des  Moines  stood  revealed  to  itself  as  ready  to 
abandon  the  highest  realized  ideals  of  the  past  two 
years  and  to  turn  its  city  government  over  not  only  to 
those  who  were  pledged  to  a  loose  enforcement  of  the 
laws  or  none  at  all,  but  to  men  unfriendly,  in  most  cases, 
to  the  principles  embodied  in  the  new  plan. 

The  reaction  was  immediate,  tremendous  and  far- 
reaching.  Interest  in  the  municipal  elections  rose  at 
once  and  automatically,  as  it  were,  to  fever  heat,  ex- 
ceeding that  of  any  recent  presidential  election.  In  the 
two  weeks  between  the  primary  and  final  elections, 
every  moral  force  of  the  community  was  rallied  to  the 
support  of  Messrs.  Hanna,  MacVicar,  Schramm,  Ham- 
ery  and  Brigham,  the  assertion  being  made  that  Mr. 
Roe,  while  on  the  "  liberal  "  slate,  was  not  in  sympathy 
with  the  free-and-easy  program  it  represented.  Despite 
strenuous  exertions  by  the  reactionaries,  the  result 
of  the  primaries  was  diametrically  reversed;  Hanna 
[166] 


TESTS  OF  THE  DOUBLE  ELECTION  PLAN 

was  elected  mayor  by  a  narrow  margin ;  Schramm  was 
substituted  for  Brereton  as  the  fourth  member  of  the 
council  and  a  council  was  chosen  in  distinct  harmony 
with  the  spirit  of  the  new  regime.  The  final  vote 
— electing  Hanna,  MacVicar,  Schramm,  Roe  and 
Ash — was  as  follows: 

For  Mayor. 

James   R.   Hanna,  7,525. 
A.  J.  Math  is,  7,509. 

For  Councilmen. 

Wesley  Ash,  8,829. 
W.    H.    Brereton,    5,429. 
E.  D.  Brigham,  4,284. 
J.  L.  Hamery,  5,947. 
John   MacVicar,   9,006. 
W.  A.   Needham,  5,976. 
Z.   G.   Roe,   8,167. 
C.  W.  Schramm,  7,371. 

The  tolerance  of  the  voters  was  exemplified  by  the 
election  as  mayor  of  Prof.  J.  R.  Hanna,  of  Highland 
Park  College,  an  expert  in  civics  and  economics,  who 
had  been  defeated  for  councilman  two  years  before  as 
a  member  of  the  hated  "  slate."  All  opposition  to 
MacVicar  among  friends  of  good  government  had 
ceased.     The  second  council  was  clearly  superior  in 

[167] 


DETHRONEMENT   OF   THE   CITY   BOSS 

ability  and  character  to  the  body  which  it  succeeded, 
insuring  a  wholesome  advance  in  the  local  standards 
of  city  administration. 

What  would  have  happened  under  the  Grand  Junc- 
tion plan  of  preferential  voting?  It  is  impossible  to 
determine  conclusively.  The  outcome  could  hardly 
have  been  improved  upon.  From  failure  clearly  to 
discern  the  moral  questions  at  issue,  it  might  have  been 
worse.  The  voters,  however,  even  in  the  primary 
election,  showed  by  much  of  their  voting  a  consider- 
able insight  into  the  character  of  the  candidates.  The 
Grand  Junction  system  might  have  made  their  knowl- 
edge effective.  The  preferential  voting  plan,  at  all 
events,  is  well  worthy  the  attention  it  is  attracting. 

The  Berkeley  plan  would  have  made  the  selection  of 
MacVicar  and  Ash,  who  received  clear  majorities  at 
the  primary,  conclusive ;  but  how  the  consequent  re- 
striction of  the  voting  at  the  final  election  to  the  filling 
of  three  places  would  have  affected  the  outcome,  it  is 
beyond  human  ken  to  determine.  The  results  of  many 
elections  will  be  needed  to  demonstrate  all  the  possi- 
bilities of  the  three  systems  and  their  relative  value  as 
modes  of  taking  the  popular  verdicts  respecting  can- 
didates. 


[168] 


XIX 

RESULTS  OF  THE   NEW  SYSTEM  IN  FIVE 
TYPICAL   CITIES* 

i. — In  Galveston,  Texas 

A  board  of  three  eminent  engineers  was  employed 
and  paid  to  devise  plans  for  the  reconstruction  of  the 
city  after  the  flood. 

The  emergency  following  the  great  storm  was 
dealt  with  efficiently  by  the  city,  acting  independ- 
ently and  also  jointly  with  the  county  and  state. 

The  grade  of  the  entire  city  was  raised  by  the  city 
with  the  assistance  of  the  state ;  a  great  sea  wall  was 
constructed  by  the  county;  these  improvements  ag- 
gregating in  cost  $4,000,000.00. 

Annual  budgets  exceeding  the  city's  revenue  by 
an  average  of  about  $100,000.00  gave  way  to  budgets 
kept  strictly  within  the  municipal  revenues. 

A  floating  debt  of  $204,974.54  was  paid  off  out  of 
current  revenues ;  bonds  to  the  amount  of  $462,000.00 

*  A  majority  of  the  cities  operating  under  the  new  plan 
have  adopted  it  within  the  year  1909,  and  many  of  these  have 
not  yet  held  their  first  elections  under  it. 
[169] 


DETHRONEMENT   OF   THE   CITY   BOSS 

were  retired ;  new  bond  issues  were  restricted  to  per- 
manent improvements;  an  agreement  was  reached 
with  holders  of  city  bonds  whereby  the  interest  was 
reduced  from  five  to  two  and  one-half  per  cent,  for 
a  period  of  five  years. 

The  city  hall  and  the  water  works  pumping  sta- 
tion, wrecked  by  the  flood,  were  rebuilt. 

The    water    system    was    extended    and    provision 
made  for  a  duplicate  main  across  the  bay. 

Three  engine  houses  were  built  and  others,  dam- 
aged by  the  storm,  were  repaired. 

The  entire  business  section  was  repaved  at  a  cost 
of  $183,027.07. 

Rock  and  shell  roads  costing  $181,064.04  were  con- 
structed. 

The  drainage  system  was  extended  at  a  cost  of 
$245,664.47. 

Old  judgments  to  the  amount  of  $18,026.65,  in- 
herited from  former  administrations,  were  paid  off. 

City   employees   were  paid   in   cash   instead   of  in 
scrip,  subject  to  heavy  discounts. 

City  bonds,  quoted  as  low  as  sixty  in  the  flood  year, 
were  speedily  brought  to  a  premium. 

A  modern  system  of  bookkeeping  was  introduced. 

Interest  was  collected  on  city  balances  in  bonded 
depositories. 

[170] 


RESULTS   IN   FIVE   TYPICAL   CITIES 

A  plan  of  preparing  the  annual  budget  and  strictly 
adhering  to  it  was  adopted. 

The  sanitation  of  the  city  was  greatly  improved. 

The  streets  were  kept  cleaner,  and  cleared  of  fruit 
stands  and  other  obstructions. 

Police  regulations  were  more  strictly  enforced. 

Saloons  were  excluded  from  the  residence  districts. 

The  policy  evil  and  public  gambling  were  abol- 
ished. 

The  city  hall  was  transformed  from  a  resort  for 
loafers  into  a  business  office. 

Political  influence  was  eliminated  in  selecting  heads 
of  departments  and  employees;  the  merit  system  was 
established. 

The  city  water  service  was  metered. 

Favoritism  was  done  away  with  in  all  public  serv- 
ices. 

The  services  of  men  of  the  highest  character  and 
ability  were  secured  for  the  municipality. 

Public  confidence  in  the  city  government  was  fully 
restored. 

The  city  was  emancipated  from  the  long  reign  of 
strife,  dissension  and  jealousy;  harmony  and  gen- 
eral prosperity  were  reestablished. 

Notwithstanding  the  enormous  extension  of  mu- 
nicipal activities  and  the  increase  of  efficiency,  a  tax 
[I7i] 


DETHRONEMENT   OF   THE   CITY   BOSS 

rate  of  $1.60  for  city  purposes,  the  lowest  of  any 
large  city  in  Texas,  was  not  increased. 

2. — In  Houston,  Texas 

City  indebtedness  to  the  amount  of  $400,000.00  was 
retired. 

The  practise  of  issuing  bonds  to  cover  annual  defi- 
cits was  discontinued;  expenditures  were  kept  rigidly 
within  the  city's  income. 

Current  city  obligations  were  promptly  met;  war- 
rants, previously  quoted  at  seventy-five  to  eighty,  be- 
came worth  par. 

The  city  credit  was  completely  restored  following 
a  period  when  bond-holders  had  been  threatening  to 
sue  on  account  of  defaults. 

Water  works  were  purchased  for  $901,000.00,  with 
popular  approval,  showing  confidence  in  the  new  gov- 
ernment; the  purchase  was  approved  in  1906  by  a 
vote  of  three  to  one,  whereas  it  had  been  rejected  in 
1903. 

The  water  service  and  fire  protection  were  greatly 
improved. 

The  street  railways  were  required  to  bear  their 
share  of  public  burdens  and  improve  the  service. 

Three  schoolhouses  were  built  at  a  cost  of  $106,- 
000.00. 

[  172  ] 


RESULTS   IN   FIVE   TYPICAL   CITIES 

A  fifteen-acre  park  was  purchased  for  $55,000.00 
cash. 

Dangerous  old  bridges  across  the  bayou  in  the  heart 
of  the  city  which  the  old  government  had  refused  to 
replace,  except  by  bond  issues,  were  replaced  with  new 
bridges  paid  for  out  of  current  revenues. 

Twelve  other  bridges  were  put  in  repair. 

The  city  plumbing  work  and  supplies  were  obtained 
at  fifteen  to  twenty-five  per  cent,  less  cost  by  the  adop- 
tion of  business  methods. 

Good  vitrified  brick  paving  was  substituted  for  in- 
ferior work. 

A  shipload  of  brick  was  imported  from  New  York 
and  the  brick  combination  was  broken. 

The  cost  of  electric  lights  was  reduced  from  $80.00 
to  $70.00  per  arc  per  year. 

The  tax  rate  was  reduced  from  $2.00  to  $1.80. 

Graft,  sinecurism,  favoritism  and  incompetency, 
which  permeated  every  department  of  the  old  govern- 
ment, were  done  away  with. 

Police  and  sanitary  regulations  were  strictly  en- 
forced; the  fostering  of  vice  was  discontinued. 

Quarreling  and  dissensions  disappeared;  harmony 
was  restored  both  in  the  city  government  and  among 
citizens. 

Business  methods  were  adopted  in  all  departments. 
[  173  ] 


DETHRONEMENT   OF  THE   CITY   BOSS 

Council  sessions  became  short,  businesslike  and  de- 
void of  speech-making. 

The  confidence  of  citizens  in  the  integrity  of  the 
city  government  was  completely  restored. 

Growth  and  prosperity  of  the  city  were  stimulated 
by  improved  civic  conditions. 

These  good  results  were  obtained  simply  from 
change  of  the  system,  members  of  the  commission 
having  been  connected  with  the  former  government. 

3. — In  Leavenworth,  Kansas 

Strict  enforcement  of  law  was  substituted  for  the 
city's  traditional  policy  of  defiance  of  state  prohibi- 
tory laws. 

Bankruptcy  and  financial  helplessness  were  suc- 
ceeded by  a  thoroughly  satisfactory  condition  of  the 
city's  finances. 

Citizens  of  the  highest  standing  were  induced  to 
accept  office  under  the  new  regime ;  the  politicians 
being  driven  from  power  by  large  majorities. 

A  period  of  decreasing  population  and  stagnation 
in  business  and  building  was  followed  by  one  of  rapid 
growth  in  all  of  these  respects. 

In  twenty-five  years  under  the  old  form  of  govern- 
ment, the  city  paved  twelve  miles  of  streets.  In  the 
[174] 


RESULTS   IN   FIVE   TYPICAL   CITIES 

first  twenty-one  months  under  the  new  system,  five 
and  one-half  miles  were  paved. 

City  bonds  to  the  amount  of  $20,200.00  were  paid 
off  in  two  years. 

The  county  indebtedness  for  which  the  city  was  re- 
sponsible was  paid  off  by  the  latter  to  the  net  amount 
of  $1 19,750.00  within  two  years. 

Only  $27,000  of  the  new  bonds  were  issued  against 
these  reductions;  a  net  reduction  of  the  bonded  in- 
debtedness of  $112,950  took  place,  while  the  new  is- 
sues represented  permanent  improvements. 

A  new  set  of  books  were  operated,  and  the  city's 
business  handled  like  that  of  "  an  up-to-date  mercan- 
tile establishment." 

All  bills  due  from  the  city  were  paid  before  the 
tenth  of  each  month. 

Appointments  were  made  on  account  of  fitness,  re- 
gardless of  party  affiliations. 

Property  values  largely  increased  and  the  volume 
of  real  estate  transfers  showed  unprecedented  growth 
of  the  city. 

New  factories  were  built  which  give  employment  to 
three  hundred  men. 

All  of  these  improved  conditions  were  brought  about 
without  increased  taxation,  despite  a  loss  of  $80,- 
000.00  a  year  from  illegal  saloon  licenses. 

[175] 


DETHRONEMENT   OF  THE   CITY   BOSS 

4. — In  Des  Moines,  Iowa 

The  city's  net  loss  in  the  last  year  of  the  old  gov- 
ernment was  $134,510.62;  the  net  gain  in  the  first 
year  under  the  new  charter  was  $48,439.10;  a  total 
relative  saving  of  $182,949.65. 

The  tax  levy  for  city  purposes  in  the  last  year  of 
the  old  charter  was  38.7  mills  (on  the  twenty-five  per 
cent,  valuation  established  by  law)  ;  the  first  year 
under  the  new  charter  it  was  36.4  mills. 

Public  improvements  to  the  value  of  $357,755.50 
were  made  during  the  first  year  under  the  new  sys- 
tem. 

Contractors  were  held  strictly  to  the  specifications 
and  claims  for  extras,  which  had  grown  into  a  cry- 
ing abuse,  were  firmly  rejected ;  the  quality  of  all  pub- 
lic work  visibly  improved. 

Several  carloads  of  inferior  creosote  paving  blocks 
were  rejected. 

A  modern  bookkeeping  system  was  installed. 

Municipal  expenditures  were  held  strictly  within 
the  city's  revenues,  ending  the  practise  of  piling  up 
yearly  deficits,  to  which  almost  the  entire  city  bonded 
debt  was  due. 

Numerous  leaks  were  stopt;  all  the  licenses  col- 
lected were  turned  into  the  treasury. 
[176] 


RESULTS   IN   FIVE   TYPICAL   CITIES 

Street  lights,  formerly  costing  $75  to  $95,  were  re- 
duced to  a  uniform  rate  of  $65  per  arc  per  year,  and 
the  moonlight  schedule  abolished,  insuring  better 
service. 

Incandescent  lights  were  reduced  from  $24  to  $17 
in  some  cases  and  the  all-night  schedule  was  substi- 
tuted for  a  moonlight  schedule  in  others,  at  the  same 
price,  $17. 

All  public  work  was  promptly  done;  complaints 
were  given  immediate  attention. 

The  streets  were  kept  noticeably  cleaner;  the  alleys 
in  business  sections,  never  before  cleaned  at  all,  were 
now  thoroughly  cleaned. 

Street  signs  were  put  up  throughout  the  city,  years 
of  clamor  for  it  having  failed  to  induce  the  old  gov- 
ernment to  make  this  improvement. 

The  wages  of  men  with  teams  were  increased  from 
$3.50  to  $4.50;  those  of  day  laborers  from  $2.00  to 
$2.25 ;  much  better  service  was  required. 

The  quality  of  public  service  in  all  departments  was 
noticeably  bettered. 

The  cost  of  cleaning  catch-basins  was  reduced  from 
$1.40  to  $1.12. 

Uniform  cement  walks  were  laid  throughout  the 
business  section. 

Bridge  paving  under  the  old  system  cost  $4.74  per 
[177] 


DETHRONEMENT   OF  THE   CITY   BOSS 

yard  by  contract;  under  the  new  system  it  was  done 
by  day  labor  for  $4.09. 

Culverts  costing  $17.61  per  cubic  yard  under  the 
old  plan,  were  built  for  $12.63  under  the  new. 

Mowing  in  the  parks  was  done  at  75  per  cent,  of 
the  old  cost. 

Work  done  by  contract  was  let  to  the  lowest  bid- 
ders, without  manipulation. 

The  "  Red  Light "  district,  operated  under  the  cor- 
rupt and  unlawful  monthly  fining  system,  was  entirely 
abolished. 

Bond  sharks  who  owned  the  segregated  red  light 
district  and  opprest  the  inmates  of  disorderly  houses 
were  driven  from  business. 

Public  gambling  houses,  previously  operated  under 
police  protection,  were  closed. 

Petty  gambling  devices,  such  as  slot  machines, 
formerly  protected,  were  effectually  prohibited. 

Ordinances  regulating  saloons  were  strictly  and 
uniformly  enforced. 

Friendly,  but  mutually  self-respecting,  relations  be- 
tween the  city  government  and  public  service  corpo- 
rations were  established. 

City  politics  were  entirely  divorced  from  state  and 
national  politics. 

Private  enterprise  and  public  spirit  were  remark- 
[178] 


RESULTS   IN   FIVE   TYPICAL   CITIES 

ably  stimulated;  over  $400,000  was  raised  for  public 
purposes  by  citizens  in  two  years.  A  great  Coliseum, 
new  Y.  M.  C.  A.  and  Y.  W.  C.  A.  buildings  were 
provided,  etc. 

The  city,  formerly  notorious  for  "  divisive  strife," 
became  notably  harmonious. 

The  confidence  of  citizens  in  the  representative  char- 
acter of  the  city  government  was  fully  reestablished. 

Following  is  a  comparative  statement  of  working 
funds  in  Des  Moines  in  1907  and  1908: 

Cash  on  hand  April  1,  1007.     $70,396.63 
Claims  outstanding SS.085.83 

Excess  cash  over  claims... .  $15,310.80 

Cash  on  hand  April  1,  1908.     $72,700.11 
Claims  outstanding 191,989.93 

Excess  claims  over  cash 119,199.82 

Loss  1907  (last  year  under 

old  charter)   $134,510.62 

Claims  outstanding  April  1, 

1908 $181,989.93 

Claims  paid  by  Bond  issue.     175,616.07 

Claims  that  were  not  paid 

by  Bond  issue $16,373.86 

Cash  on  hand  April  1,  1908.  72,790.11 

Excess  cash  over  claims 
that  were  not  paid  by 
Bond  issue  $56,416.25 

Carried  forward  $56416.25  $134,510.62 

[179] 


DETHRONEMENT   OF  THE   CITY   BOSS 

Brought  forward $56416.25  $134,510.62 

Cash  on  hand  April  1,  1909.  $164,352.05 
Claims  outstanding 59,496-77 

Excess  cash  over  claims...  104,855.28 

Gain  1908  (first  year  under 
new  charter)   48,439.03 


Gain,  1908  over  1907 $182,949.65 

5. — In  Cedar  Rapids,  Iowa 

Bonds  were  retired  and  interest  paid  thereon 
amounting  to  a  total  of  $61,980. 

Extensive  park  improvements  were  made. 

Additional  park  property  was  acquired. 

A  new  fire  station  was  erected;  all  city  buildings 
were  put  in  good  repair. 

The  island  in  Cedar  River,  formerly  a  dumping 
ground,  was  purchased  by  the  city  and  turned  into  a 
beautiful  civic  center. 

The  services  of  Charles  Mulford  Robinson,  the 
civic  improvement  expert,  were  secured  and,  follow- 
ing his  advice,  streets  were  extended,  street  signs 
were  erected,  waste  paper  receptacles  provided,  etc. 

Public  work  of  all  kinds  was  done  on  a  large  scale, 
and  well  done. 

The  receipts  from  the  police  court  increased  from 
[180] 


RESULTS   IN   FIVE   TYPICAL   CITIES 

$75  to  about  $700  per  month  without  an  increase  of 
arrests. 

License  taxes  were  impartially  collected. 

Milk  and  meat  inspection  laws  were  enforced. 

Five  patrolmen  were  added  to  the  city  police  force. 

Gamblers  were  driven  from  the  city. 

The  social  evil  was  segregated  and  put  under  severe 
restrictions. 

Defective  paving  was  rejected;  contractors  were 
held  to  the  specifications. 

Cash  discount  was  taken  on  all  city  bills. 

Interest  was  collected  on  city  balances  in  banks. 

The  city's  credit  was  established  at  the  highest 
standard. 

Business  methods  were  introduced  in  all  depart- 
ments of  the  city  government. 

Complaints  from  citizens  were  given  immediate  at- 
tention.   Civic  pride  was  awakened. 

The  growth  of  the  city  was  largely  accelerated. 


[181] 


APPENDICES 


APPENDIX   A 
TEXT  OF   THE   DES   MOINES   CHARTER 

Passed  by  the  Thirty-second  General  Assembly  of 
Iowa  and  adopted  at  a  special  election  held  June 
20,  1907,  by  a  vote  of  6,365  to  2,278.  The  elec- 
tion of  the  first  Council  provided  for  in  the  act 
took  place  in  March,  1908.  The  new  charter  be- 
came operative  April  1,  1908. 

An  Act  to  Provide  for  the  Government  of  Cer- 
tain Cities,  and  the  Adoption  Thereof  uy 
Special  Election  "  Additional  to  Title  V 
(Five)  of  the  Code." 

Be  it  enacted  by  the  General  Assembly  of  the  State  of 
Iowa: 

Section  i. — That  any  city  of  the  first  class,  or  with 
special  charter,  now  or  hereafter  having  a  population 
of  twenty-five  thousand  *  or  over,  as  shown  by  the 
last  preceding  state  census,  may  become  organized  as 
a  city  under  the  provisions  of  this  act  by  proceeding 
as  hereinafter  provided. 

Sec  2. — Upon  petition  of  electors  equal  in  number 

*  Amended  in  1909  so  as  to  include  all  cities  of  a  population 
of  seven  thousand  or  over. 

[185] 


DETHRONEMENT    OF   THE   CITY   BOSS 

to  twenty-five  per  centum  of  the  votes  cast  for  all 
candidates  for  mayor  at  the  last  preceding  city  elec- 
tion of  any  such  city,  the  mayor  shall,  by  proclama- 
tion, submit  the  question  of  organizing  as  a  city  under 
this  act  at  a  special  election  to  be  held  at  a  time  speci- 
fied therein,  and  within  two  months  after  said  petition 
is  filed.  If  said  plan  is  not  adopted  at  the  special  elec- 
tion called,  the  question  of  adopting  said  plan  shall 
not  be  resubmitted  to  the  voters  of  said  city  for  adop- 
tion within  two  years  thereafter,  and  then  the  ques- 
tion to  adopt  shall  be  resubmitted  upon  the  presenta- 
tion of  a  petition  signed  by  electors  equal  in  number 
to  twenty-five  per  centum  of  the  votes  cast  for  all 
candidates  for  mayor  at  the  last  preceding  general 
city  election. 

'At  such  election  the  proposition  to  be  submitted 
shall  be,  "  Shall  the  proposition  to  organize  the  city 
of  (name  of  city),  under  chapter  (naming  the  chap- 
ter containing  this  act)  of  the  acts  of  the  Thirty- 
second  Assembly  be  adopted  ?  "  and  the  election  there- 
upon shall  be  conducted,  the  vote  canvassed,  and  the 
result  declared  in  the  same  manner  as  provided  by 
law  in  respect  to  other  city  elections.  If  the  majority 
of  the  votes  cast  shall  be  in  favor  thereof,  the  city 
shall  thereupon  proceed  to  the  election  of  a  mayor 
and  four  (4)  councilmen,  as  hereinafter  provided. 
[186] 


TEXT   OF   THE   DES   MOINES   CHARTER 

Immediately  after  such  proposition  is  adopted,  the 
mayor  shall  transmit  to  the  governor,  to  the  secre- 
tary of  state,  and  to  the  county  auditor,  each  a  cer- 
tificate stating  that  such  proposition  was  adopted. 

At  the  next  regular  city  election  after  the  adoption 
of  such  proposition,  there  shall  be  elected  a  mayor 
and  four  (4)  councilmen.  In  the  event,  however, 
that  the  next  regular  city  election  does  not  occur 
within  one  year  after  such  special  election,  the  mayor 
shall,  within  ten  days  after  such  special  election,  by 
proclamation,  call  a  special  election  for  the  election  of 
a  mayor  and  four  councilmen,  sixty  days'  notice 
thereof  being  given  in  such  call;  such  election  in 
either  case  to  be  conducted  as  hereinafter  provided. 

Sec.  3. — All  laws  governing  cities  of  the  first  class 
and  not  inconsistent  with  the  provisions  of  this  act, 
and  Sections  955,  956,  959,  964,  989,  1000,  1023  and 
1053  of  the  Code,  now  applicable  to  special  charter 
cities  and  not  inconsistent  with  the  provisions  of  this 
act,  shall  apply  to  and  govern  cities  organized  under 
this  act.  All  by-laws,  ordinances  and  resolutions  law- 
fully passed  and  in  force  in  any  such  city  under  its 
former  organization  shall  remain  in  force  until  altered 
or  repealed  by  the  council  elected  under  the  provisions 
of  this  act.  The  territorial  limits  of  such  city  shall 
remain  the  same  as  under  its  former  organization, 
[187] 


DETHRONEMENT  OF  THE   CITY   BOSS 

and  all  rights  and  property  of  every  description  which 
were  vested  in  any  such  city  under  its  former  organi- 
zation shall  vest  in  the  same  under  the  organization 
herein  contemplated,  and  no  right  or  liability  either 
in  favor  of  or  against  it,  existing  at  the  time,  and 
no  suit  or  prosecution  of  any  kind  shall  be  affected 
by  such  change,  unless  otherwise  provided  for  in 
this  act. 

Sec.  4. — In  every  such  city  there  shall  be  elected 
at  the  regular  biennial  municipal  election,  a  mayor 
and  four  councilmen. 

If  any  vacancy  occurs  in  any  such  office,  the  remain- 
ing members  of  said  council  shall  appoint  a  person  to 
fill  such  vacancy  during  the  balance  of  the  unexpired 
term. 

Said  officers  shall  be  nominated  and  elected  at  large. 
Said  officers  shall  qualify  and  their  terms  of  office 
shall  begin  on  the  first  Monday  after  the  election. 
The  terms  of  office  of  the  mayor  and  councilmen  or 
aldermen  in  such  city  in  office  at  the  beginning  of  the 
terms  of  office  of  the  mayor  and  councilmen  first 
elected  under  the  provisions  of  this  act  shall  then 
cease  and  determine,  and  the  terms  of  office  of  all 
other  appointive  officers  in  force  in  such  city,  except 
as  hereinafter  provided,  shall  cease  and  determine  as 
soon  as  the  council  shall  by  resolution  declare. 
[188I 


TEXT  OF  THE   DES  MOINES   CHARTER 

Sec.  5. — Candidates  to  be  voted  for  at  all  general 
municipal  elections  at  which  a  mayor  and  four  coun- 
cilmen  are  to  be  elected  under  the  provisions  of  this 
act  shall  be  nominated  by  a  primary  election,  and  no 
other  names  shall  be  placed  upon  the  general  ballot 
except  those  selected  in  the  manner  hereinafter  pre- 
scribed. The  primary  election  for  such  nominations 
shall  be  held  on  the  second  Monday  preceding  the 
general  municipal  election.  The  judges  of  election 
appointed  for  the  general  municipal  election  shall  be 
the  judges  of  the  primary  election,  and  it  shall  be 
held  at  the  same  place,  so  far  as  possible,  and  the  polls 
shall  be  opened  and  closed  at  the  same  hours,  with 
the  same  clerks  as  are  required  for  said  general  mu- 
nicipal election. 

Any  person  desiring  to  become  a  candidate  for 
mayor  or  councilman  shall,  at  least  ten  days  prior  to 
said  primary  election,  file  with  the  said  clerk  a  state- 
ment of  such  candidacy,  in  substantially  the  follow- 
ing form : 

State  of  Iowa County ss : 

I  ( ),  being  first  duly  sworn,  say  that  I 

reside  at street,  city  of county  of 

,  state  of  Iowa ;  that  I  am  a  qualified  voter 

therein;  that  I  am  a  candidate  for  nomination  to  the 
[189] 


DETHRONEMENT   OF  THE   CITY   BOSS 

office  of  (mayor  or  councilman),  to  be  voted  upon  at 

the  primary   election   to  be   held  on  the 

Monday  of 19. .,  and  I  hereby  request  that 

my  name  be  printed  upon  the  official  primary  ballot 
for  nomination  by  such  primary  election  for  such 
office. 

Signed 

Subscribed  and  sworn  to  (or  affirmed)  before  me 
by on  this day  of 19... 

Signed 

and  shall  at  the  same  time  file  therewith  the  petition 
of  at  least  twenty-five  qualified  voters  requesting  such 
candidacy.  Each  petition  shall  be  verified  by  one  or 
more  persons  as  to  the  qualifications  and  residence, 
with  street  number,  of  each  of  the  persons  so  signing 
the  said  petition,  and  the  said  petition  shall  be  in  sub- 
stantially the  following  form : 

Petition  Accompanying  Nominating  Statement 

The  undersigned,  duly  qualified  electors  of  the  city 

of ,  and  residing  at  the  places  set  opposite  our 

respective  names  hereto,  do  hereby  request  that  the 
name  of  (name  of  candidate)  be  placed  on  the  ballot 
as  a  candidate  for  nomination  for  (name  of  office)  at 
the  primary  election  to  be  held  in  such  city  on  the 

Monday  of 19. . .    We  further  state  that 

[190] 


TEXT   OF   THE   DES   MOINES   CHARTER 

we  know  him  to  be  a  qualified  elector  of  said  city  and 
a  man  of  good  moral  character,  and  qualified,  in  our 
judgment,  for  the  duties  of  such  office. 


NAMES  OF  QUALIFIED  ELECTORS. 


NUMBER. 


Immediately  upon  the  expiration  of  the  time  of 
filing  the  statements  and  petitions  for  candidates,  the 
said  city  clerk  shall  cause  to  be  published  for  three 
successive  days  in  all  the  daily  newspapers  published 
in  the  city,  in  proper  form,  the  names  of  the  persons 
as  they  are  to  appear  upon  the  primary  ballots,  and  if 
there  be  no  daily  newspaper,  then  in  two  issues  of 
any  other  newspapers  that  may  be  published  in  said 
city ;  and  the  said  clerk  shall  thereupon  cause  the  pri- 
mary ballots  to  be  printed,  authenticated  with  a  fac- 
simile of  his  signature.  Upon  the  said  ballot  the 
names  of  the  candidates  for  mayor,  arranged  alpha- 
betically, shall  first  be  placed,  with  a  square  at  the 
left  of  each  name,  and  immediately  below  the  words 
"  Vote  for  one."  Following  these  names,  likewise 
arranged  in  alphabetical  order,  shall  appear  the  names 
of  the  candidates  for  councilmen,  with  a  square  at 
the  left  of  each  name,  and  below  the  names  of  such 
candidates  shall  appear  the  words  "  Vote  for  four." 
[I9i] 


DETHRONEMENT   OF   THE   CITY   BOSS 

The  ballots  shall  be  printed  upon  plain,  substantial, 
white  paper,  and  shall  be  headed : 

Candidates  for  Nomination  for  Mayor  and 

councilmen   of clty  at  the 

Primary  Election. 

but  shall  have  no  party  designation  or  mark  whatever. 
The  ballots  shall  be  in  substantially  the  following 
form: 

(Place  a  cross  in  the  square  preceding  the  names  of 
the  parties  you  favor  as  candidates  for  the  respective 
positions.) 

OFFICIAL  PRIMARY   BALLOT 

Candidates  for  Nomination  for  Mayor  and 

councilmen  of clty  at  the 

Primary  Election 

For  Mayor. 

□  (Name  of  candidate.) 

(Vote  for  one.) 

For  Councilman. 

□  (Name  of  candidate.) 

(Vote  for  four.) 
Official  ballot  attest: 
(Signature) 


City  Clerk. 


[  192] 


TEXT   OF  THE   DES   MOINES   CHARTER 

Having  caused  said  ballot  to  be  printed,  the  said 
city  clerk  shall  cause  to  be  delivered  at  each  polling 
place  a  number  of  said  ballots  equal  to  twice  the  num- 
ber of  votes  cast  in  such  polling  precinct  at  the  last 
general  municipal  election  for  mayor.  The  persons 
who  are  qualified  to  vote  at  the  general  municipal 
election  shall  be  qualified  to  vote  at  such  primary  elec- 
tion, and  challenges  can  be  made  by  not  more  than 
two  persons,  to  be  appointed  at  the  time  of  opening 
the  polls  by  the  judges  of  election ;  and  the  law  ap- 
plicable to  challenges  at  a  general  municipal  election 
shall  be  applicable  to  challenges  made  at  such  primary 
election.  Judges  of  election  shall,  immediately  upon 
the  closing  of  the  polls,  count  the  ballots  and  ascertain 
the  number  of  votes  cast  in  such  precinct  for  each  of 
the  candidates,  and  make  return  thereof  to  the  city 
clerk,  upon  proper  blanks,  to  be  furnished  by  the  said 
clerk,  within  six  hours  of  the  closing  of  the  polls. 
On  the  day  following  the  said  primary  election  the 
said  city  clerk  shall  canvass  said  returns  so  received 
from  all  the  polling  precincts,  and  shall  make  and 
publish  in  all  the  newspapers  of  said  city  at  least  once, 
the  result  thereof.  Said  canvass  by  the  city  clerk 
shall  be  publicly  made.  The  two  candidates  receiv- 
ing the  highest  number  of  votes  for  mayor  shall  be 
the  candidates  and  the  only  candidates  whose  names 
[193] 


DETHRONEMENT   OF  THE   CITY   BOSS 

shall  be  placed  upon  the  ballot  for  mayor  at  the  next 
succeeding  general  municipal  election,  and  the  eight 
candidates  receiving  the  highest  number  of  votes  for 
councilman,  or  all  such  candidates  if  less  than  eight, 
shall  be  the  candidates  and  the  only  candidates  whose 
names  shall  be  placed  upon  the  ballot  for  councilman 
at  such  municipal  election. 

All  electors  of  cities  under  this  act  who,  by  the 
laws  governing  cities  of  the  first  class  and  cities  act- 
ing under  special  charter,  would  be  entitled  to  vote 
for  the  election  of  officers  at  any  general  municipal 
election  in  such  cities,  shall  be  qualified  to  vote  at  all 
elections  under  this  act;  and  the  ballot  at  such  gen- 
eral municipal  election  shall  be  in  the  same  general 
form  as  for  such  primary  election,  so  far  as  applic- 
able, and  in  all  elections  in  such  city  the  election  pre- 
cincts, voting  places,  method  of  conducting  election, 
canvassing  the  votes  and  announcing  the  results,  shall 
be  the  same  as  by  law  provided  for  election  of  officers 
in  such  cities,  so  far  as  the  same  are  applicable  and 
not  inconsistent  with  the  provisions  of  this  act. 

Sec.  5a. — Any  person  who  shall  agree  to  perform 
any  services  in  the  interest  of  any  candidate  for  any 
office  provided  in  this  act,  in  consideration  of  any 
money  or  other  valuable  thing  for  such  services  per- 
formed in  the  interest  of  any  candidate  shall  be  pun- 
[194] 


TEXT   OF  THE   DES   MOINES   CHARTER 

ished  by  a  fine  not  exceeding  three  hundred  dollars 
($300),  or  be  imprisoned  in  the  county  jail  not  ex- 
ceeding thirty  (30)  days. 

Sec.  5B. — Any  person  offering  to  give  a  bribe, 
either  in  money  or  other  consideration,  to  any  elector, 
for  the  purpose  of  influencing  his  vote  at  any  election 
provided  in  this  act,  or  any  elector  entitled  to  vote  at 
any  such  election  receiving  and  accepting  such  bribe 
or  other  consideration ;  any  person  making  false  an- 
swer to  any  of  the  provisions  of  this  act  relative  to 
his  qualifications  to  vote  at  said  election ;  any  person 
wilfully  voting  or  offering  to  vote  at  such  election 
who  has  not  been  a  resident  of  this  state  for  six 
months  next  preceding  said  election,  or  who  is  not 
twenty-one  years  of  age,  or  is  not  a  citizen  of  the 
United  States,  or  knowing  himself  not  to  be  a  quali- 
fied elector  of  such  precinct  where  he  offers  to  vote; 
any  person  knowingly  procuring,  aiding  or  abetting 
any  violation  hereof  shall  be  deemed  guilty  of  a  mis- 
demeanor, and,  upon  conviction,  shall  be  fined  a  sum 
of  not  less  than  one  hundred  dollars  ($100)  nor  more 
than  five  hundred  dollars  ($500),  and  be  imprisoned 
in  the  county  jail  not  less  than  ten  (10)  nor  more 
than  ninety  (90)  days. 

Sec.  6. — Every  such  city  shall  be  governed  by  a 
council,  consisting  of  the  mayor  and  four  councilmen, 
[195] 


DETHRONEMENT   OF  THE   CITY   BOSS 

chosen  as  provided  in  this  act,  each  of  whom  shall 
have  the  right  to  vote  on  all  questions  coming  before 
the  council.  Three  members  of  the  council  shall  con- 
stitute a  quorum,  and  the  affirmative  vote  of  three 
members  shall  be  necessary  to  adopt  any  motion,  reso- 
lution or  ordinance,  or  pass  any  measure,  unless  a 
greater  number  is  provided  for  in  this  act.  Upon 
every  vote  the  yeas  and  nays  shall  be  called  and  re- 
corded, and  every  motion,  resolution  or  ordinance 
shall  be  reduced  to  writing  and  read  before  the  vote 
is  taken  thereon.  The  mayor  shall  preside  at  all 
meetings  of  the  council;  he  shall  have  no  power  to 
veto  any  measure,  but  every  resolution  or  ordinance 
passed  by  the  council  must  be  signed  by  the  mayor, 
or  by  two  councilmen,  and  be  recorded  before  the 
same  shall  be  in  force. 

Sec.  7. — The  council  shall  have  and  possess  and  the 
council  and  its  members  shall  exercise  all  executive, 
legislative  and  judicial  powers  and  duties  now  had, 
possessed  and  exercised  by  the  mayor,  city  council, 
board  of  public  works,  park  commissioners,  board  of 
police  and  fire  commissioners,  board  of  water  works 
trustees,  board  of  library  trustees,  solicitor,  assessor, 
treasurer,  auditor,  city  engineer,  and  other  executive 
and  administrative  officers  in  cities  of  the  first  class 
and  cities  acting  under  special  charter. 
[196] 


TEXT  OF  THE   DES   MOINES   CHARTER 

The  executive  and  administrative  powers,  authority 
and  duties  in  such  cities  shall  be  distributed  into  and 
among  five  departments  as  follows: 

i.  Department  of  Public  Affairs. 

2.  Department  of  Accounts  and  Finance. 

3.  Department  of  Public  Safety. 

4.  Department  of  Streets  and  Public  Improve- 
ments. 

5.  Department  of  Parks  and  Public  Property. 
The  council  shall  determine  the  powers  and  duties 

to  be  performed  by,  and  assign  them  to  the  appro- 
priate department;  shall  prescribe  the  powers  and 
duties  of  officers  and  employees :  may  assign  particu- 
lar officers  and  employees  to  one  or  more  of  the  de- 
partments; may  require  an  officer  or  employee  to 
perform  duties  in  two  or  more  departments ;  and  may 
make  such  other  rules  and  regulations  as  may  be 
necessary  or  proper  for  the  efficient  and  economical 
conduct  of  the  business  of  the  city. 

Sec.  8. — The  mayor  shall  be  superintendent  of  the 
department  of  Public  Affairs,  and  the  council  shall, 
at  the  first  regular  meeting  after  election  of  its  mem- 
bers, designate  by  majority  vote  one  councilman  to 
be  superintendent  of  the  department  of  Accounts  and 
Finance,  one  to  be  superintendent  of  the  department 
of  Public  Safety,  one  to  be  superintendent  of  the  de- 
[197] 


DETHRONEMENT  OF  THE   CITY   BOSS 

partment  of  Streets  and  Public  Improvements,  and 
one  to  be  superintendent  of  the  department  of  Parks 
and  Public  Property;  but  such  designation  shall  be 
changed  whenever  it  appears  that  the  public  service 
would  be  benefited  thereby. 

The  council  shall,  at  said  first  meeting,  or  as  soon 
as  practicable  thereafter,  elect  by  majority  vote  the 
following  officers:  A  city  clerk,  solicitor,  assessor, 
treasurer,  auditor,  civil  engineer,  city  physician,  mar- 
shal, chief  of  fire  department,  market  master,  street 
commissioner,  three  library  trustees,  and  such  other 
officers  and  assistants  as  shall  be  provided  for  by  or- 
dinance and  necessary  to  the  proper  and  efficient  con- 
duct of  the  affairs  of  the  city;  and  shall  appoint  a 
police  judge  in  those  cities  not  having  a  superior 
court.  Any  officer  or  assistant  elected  or  appointed 
by  the  council  may  be  removed  from  office  at  any  time 
by  vote  of  a  majority  of  the  members  of  the  council, 
except  as  otherwise  provided  for  in  this  act. 

Sec.  9. — The  council  shall  have  power  from  time  to 
time  to  create,  fill  and  discontinue  offices  and  employ- 
ments other  than  herein  prescribed,  according  to  their 
judgment  of  the  needs  of  the  city,  and  may,  by  ma- 
jority vote  of  all  the  members,  remove  any  such  of- 
ficer or  employee,  except  as  otherwise  provided  for 
in  this  act;  and  may,  by  resolution  or  otherwise,  pre- 
[198] 


TEXT   OF  THE   DES   MOINES   CHARTER 

scribe,  limit  or  change  the  compensation  of  such  of- 
ficers or  employees. 

Sec.  io. — The  mayor  and  council  shall  have  an 
office  at  the  city  hall,  and  their  total  compensation 
shall  be  as  follows:  In  cities  having  by  the  last  pre- 
ceding state  or  national  census  from  25,000  to  40,000 
people,  the  annual  salary  of  the  mayor  shall  be  $2,500, 
and  of  each  councilman  $1,800.  In  cities  having  by 
such  census  from  40,000  to  60,000  people,  the  mayor's 
annual  salary  shall  be  $3,000,  and  that  of  each  coun- 
cilman $2,500;  and  in  cities  having  by  such  census 
over  60,000  population,  the  mayor's  annual  salary 
shall  be  $3,500,  and  that  of  each  councilman  $3,000. 
Such  salaries  shall  be  payable  in  equal  monthly  in- 
stallments. 

Any  increase  in  salary  occasioned  under  the  pro- 
visions of  this  scale  by  increase  in  population  in  any 
city  shall  commence  with  the  month  next  after  the 
official  publication  of  the  census  showing  such  in- 
crease therein. 

Every  other  officer  or  assistant  shall  receive 
such  salary  or  compensation  as  the  council  shall  by 
ordinance  provide,  payable  in  equal  monthly  install- 
ments. 

The  salary  or  compensation  of  all  other  employees 
of  such  city  shall  be  fixt  by  the  council,  and  shall  be 
[  199] 


DETHRONEMENT   OF  THE  CITY   BOSS 

payable  monthly  or  at  such  shorter  periods  as  the 
council  shall  determine. 

Sec.  ii. — Regular  meetings  of  the  council  shall  be 
held  on  the  first  Monday  after  the  election  of  council- 
men,  and  thereafter  at  least  once  each  month.  The 
council  shall  provide  by  ordinance  for  the  time  for 
holding  regular  meetings,  and  special  meetings  may 
be  called  from  time  to  time  by  the  mayor  or  two 
councilmen.  All  meetings  of  the  council,  whether 
regular  or  special,  at  which  any  person  not  a  city 
officer  is  admitted,  shall  be  open  to  the  public. 

The  mayor  shall  be  president  of  the  council  and 
preside  at  its  meetings,  and  shall  supervise  all  depart- 
ments and  report  to  the  council  for  its  action  all  mat- 
ters requiring  attention  in  either.  The  superinten- 
dent of  the  department  of  Accounts  and  Finance 
shall  be  vice-president  of  the  council,  and  in  case  of 
vacancy  in  the  office  of  mayor,  or  the  absence  or  in- 
ability of  the  mayor,  shall  perform  the  duties  of  the 
mayor. 

Sec.  12. — Every  ordinance  or  resolution  appro- 
priating money  or  ordering  any  street  improvement  or 
sewer,  or  making  or  authorizing  the  making  of  any 
contract,  or  granting  any  franchise  or  right  to  occupy 
or  use  the  streets,  highways,  bridges  or  public  places 
in  the  city  for  any  purpose,  shall  be  complete  in  the 
[  200  ] 


TEXT   OF   THE   DES   MOINES   CHARTER 

form  in  which  it  is  finally  passed,  and  remain  on  file 
with  the  city  clerk  for  public  inspection  at  least  one 
week  before  the  final  passage  or  adoption  thereof. 
No  franchise  or  right  to  occupy  or  use  the  streets, 
highways,  bridges  or  public  places  in  any  such  city 
shall  be  granted,  renewed  or  extended,  except  by  or- 
dinance, and  every  franchise  or  grant  for  interurban 
or  street  railways,  gas  or  water  works,  electric  light 
or  power  plants,  heating  plants,  telegraph  or  tele- 
phone systems,  or  other  public  service  utilities  within 
said  city,  must  be  authorized  or  approved  by  a  ma- 
jority of  the  electors  voting  thereon  at  a  general  or 
special  election,  as  provided  in  Section  776  of  the 
Code. 

Sec.  13. — No  officer  or  employee  elected  or  ap- 
pointed in  any  such  city  shall  be  interested,  directly 
or  indirectly,  in  any  contract  or  job  for  work  or  ma- 
terials, or  the  profits  thereof,  or  services  to  be  fur- 
nished or  performed  for  the  city;  and  no  such  officer 
or  employee  shall  be  interested,  directly  or  indirectly, 
in  any  contract  or  job  for  work  or  materials,  or  the 
profits  thereof,  or  services  to  be  furnished  or  per- 
formed for  any  person,  firm  or  corporation  operating 
interurban  railway,  street  railway,  gas  works,  water 
works,  electric  light  or  power  plant,  heating  plant, 
telegraph  line,  telephone  exchange,  or  other  public 
[  201  ] 


DETHRONEMENT   OF  THE   CITY   BOSS 

utility  within  the  territorial  limits  of  said  city.  No 
such  officer  or  employee  shall  accept  or  receive,  di- 
rectly or  indirectly,  from  any  person,  firm  or  corpora- 
tion operating  within  the  territorial  limits  of  said  city, 
any  interurban  railway,  street  railway,  gas  works, 
water  works,  electric  light  or  power  plant,  heating 
plant,  telegraph  line  or  telephone  exchange,  or  other 
business  using  or  operating  under  a  public  franchise, 
any  frank,  free  pass,  free  ticket  or  free  service,  or 
accept  or  receive,  directly  or  indirectly,  from  any  such 
person,  firm,  or  corporation,  any  other  service  upon 
terms  more  favorable  than  is  granted  to  the  public 
generally.  Any  violation  of  the  provisions  of  this  sec- 
tion shall  be  a  misdemeanor,  and  every  such  contract 
or  agreement  shall  be  void. 

Such  prohibition  of  free  transportation  shall  not 
apply  to  policemen  or  firemen  in  uniform;  nor  shall 
any  free  service  to  city  officials  heretofore  provided 
by  any  franchise  or  ordinance  be  affected  by  this  sec- 
tion. An  officer  or  employee  of  such  city  who,  by 
solicitation  or  otherwise,  shall  exert  his  influence,  di- 
rectly or  indirectly,  to  influence  other  officers  or  em- 
ployees of  such  city  to  adopt  his  political  views  or  to 
favor  any  particular  person  or  candidate  for  office, 
or  who  shall  in  any  manner  contribute  money,  labor, 
or  other  valuable  thing  to  any  person  for  election  pur- 
[  202  ] 


TEXT   OF   THE   DES   MOINES   CHARTER 

poses,  shall  be  guilty  of  a  misdemeanor,  and  upon 
conviction  shall  be  punished  by  a  fine  not  exceeding 
three  hundred  dollars  ($300)  or  by  imprisonment  in 
the  county  jail  not  exceeding  thirty  (30)  days. 

Sec.  14. — Immediately  after  organizing,  the  coun- 
cil shall,  by  ordinance,  appoint  three  civil  service 
commissioners,  who  shall  hold  office,  one  until  the  first 
Monday  in  April  in  the  second  year  after  his  appoint- 
ment, one  until  the  first  Monday  in  April  of  the  fourth 
year  after  his  appointment,  and  one  until  the  first 
Monday  in  April  of  the  sixth  year  after  his  appoint- 
ment. Each  succeeding  council  shall,  as  soon  as  prac- 
ticable after  organizing,  appoint  one  commissioner  for 
six  years,  who  shall  take  the  place  of  the  commis- 
sioner whose  term  of  office  expires.  The  chairman  of 
the  commission  for  each  biennial  period  shall  be  the 
member  whose  term  first  expires.  No  person  while 
on  the  said  commission  shall  hold  or  be  a  candidate 
for  any  office  of  public  trust.  Two  of  said  members 
shall  constitute  a  quorum  to  transact  business.  The 
commissioners  must  be  citizens  of  Iowa,  and  residents 
of  the  city  for  more  than  three  years  next  preceding 
their  appointment. 

The  council  may  remove  any  of  said  commissioners 
during  their  term  of  office  for  cause,  four  council- 
men  voting  in  favor  of  such  removal,  and  shall  fill 
[203] 


DETHRONEMENT  OF  THE   CITY   BOSS 

any  vacancy  that  may  occur  in  said  commission  for 
the  unexpired  term.  The  city  council  shall  provide 
suitable  rooms  in  which  the  said  civil  service  commis- 
sion may  hold  its  meetings.  They  shall  have  a  clerk, 
who  shall  keep  a  record  of  all  its  meetings,  such  city 
to  supply  the  said  commission  with  all  necessary 
equipment  to  properly  attend  to  such  business. 

(a)  Before  entering  upon  the  duties  of  their  of- 
fice, each  of  said  commissioners  shall  take  and  sub- 
scribe an  oath,  which  shall  be  filed  and  kept  in  the 
office  of  the  city  clerk,  to  support  the  constitution  of 
the  United  States  and  of  the  state  of  Iowa,  and  to 
obey  the  laws,  and  to  aim  to  secure  and  maintain  an 
honest  and  efficient  force,  free  from  partizan  distinc- 
tion or  control,  and  to  perform  the  duties  of  his  office 
to  the  best  of  his  ability. 

(b)  Said  commission  shall,  on  the  first  Monday  of 
April  and  October  of  each  year,  or  oftener  if  it  shall 
be  deemed  necessary,  under  such  rules  and  regula- 
tions as  may  be  prescribed  by  the  council,  hold  exami- 
nations for  the  purpose  of  determining  the  qualifica- 
tions of  applicants  for  positions,  which  examination 
shall  be  practical  and  shall  fairly  test  the  fitness  of 
the  persons  examined  to  discharge  the  duties  of  the 
position  to  which  they  seek  to  be  appointed.  Said 
commission  shall,  as  soon  as  possible  after  such  ex- 

[204] 


TEXT   OF  THE   DES   MOINES   CHARTER 

amination,  certify  to  the  council  double  the  number 
of  persons  necessary  to  fill  vacancies,  who,  according 
to  its  records,  have  the  highest  standing  for  the  posi- 
tion they  seek  to  fill  as  a  result  of  such  examination, 
and  all  vacancies  which  occur,  that  come  under  the 
civil  service,  prior  to  the  date  of  the  next  regular  ex- 
amination, shall  be  filled  from  said  list  so  certified; 
provided,  however,  that  should  the  list  for  any  cause 
be  reduced  to  less  than  three  for  any  division,  then 
the  council  or  the  head  of  the  proper  department  may 
temporarily  fill  a  vacancy,  but  not  to  exceed  thirty 
days. 

(c)  All  persons  subject  to  such  civil  service  exami- 
nations shall  be  subject  to  removal  from  office  or  em- 
ployment by  the  council  for  misconduct  or  failure  to 
perform  their  duties  under  such  rules  and  regulations 
as  it  may  adopt,  and  the  chief  of  police,  chief  of  the 
fire  department,  or  any  superintendent  or  foreman  in 
charge  of  municipal  work,  may  peremptorily  suspend 
or  discharge  any  subordinate  then  under  his  direction 
for  neglect  of  duty  or  disobedience  of  his  orders,  but 
shall,  within  twenty-four  hours  thereafter,  report  such 
suspension  or  discharge,  and  the  reason  therefor,  to 
the  superintendent  of  his  department,  who  shall  there- 
upon affirm  or  revoke  such  discharge  or  suspension, 
according  to  the  facts.  Such  employee  (or  the  officer 
[205] 


DETHRONEMENT   OF  THE   CITY   BOSS 

discharging  or  suspending  him)  may,  within  five  days 
of  such  ruling,  appeal  therefrom  to  the  council,  which 
shall  fully  hear  and  determine  the  matter. 

(d)  The  council  shall  have  the  power  to  enforce 
the  attendance  of  witnesses,  the  production  of  books 
and  papers,  and  power  to  administer  oaths  in  the 
same  manner  and  with  like  effect,  and  under  the  same 
penalties,  as  in  the  case  of  magistrates  exercising 
criminal  or  civil  jurisdiction  under  the  statutes  of 
Iowa. 

Said  commissioners  shall  make  annual  report  to  the 
council,  and  it  may  require  a  special  report  from  said 
commission,  at  any  time ;  and  said  council  may  pre- 
scribe such  rules  and  regulations  for  the  proper  con- 
duct of  the  business  of  the  said  commission  as  shall  be 
found  expedient  and  advisable,  including  restrictions 
on  appointment,  promotions,  removals  for  cause, 
roster  of  employees,  certification  of  records  to  the 
auditor,  and  restrictions  on  payment  to  persons  im- 
properly employed. 

(e)  The  council  of  such  city  shall  have  power  to 
pass  ordinances  imposing  suitable  penalties  for  the 
punishment  of  persons  violating  any  of  the  provisions 
of  this  act  relating  to  the  civil  service  commission. 

(f)  The  provisions  of  this  section  shall  apply  to  all 
appointive  officers  and  employees  of  such  city,  except 

[206] 


TEXT   OF   THE   DES   MOINES   CHARTER 

those  especially  named  in  Section  8  of  this  act,  com- 
missioners of  any  kind,  laborers  whose  occupation  re- 
quires no  special  skill  or  fitness,  election  officials,  and 
mayor's  secretary  and  assistant  solicitor,  where  such 
officers  are  appointed;  provided,  however,  that  exist- 
ing employees  heretofore  appointed  or  employed  after 
competitive  examination  or  for  long  service  under  the 
provisions  of  Chapter  31,  acts  of  the  Twenty-ninth 
General  Assembly,  and  subsequent  amendments 
thereto,  shall  retain  their  positions  without  further 
examination  unless  removed  for  cause. 

All  officers  and  employees  in  any  such  city  shall  be 
elected  or  appointed  with  reference  to  their  qualifica- 
tions and  fitness,  and  for  the  good  of  the  public  serv- 
ice, and  without  reference  to  their  political  faith  or 
party  affiliations. 

It  shall  be  unlawful  for  any  candidate  for  office,  or 
any  officer  in  any  such  city,  directly  or  indirectly,  to 
give  or  promise  any  person  or  persons  any  office,  posi- 
tion, employment,  benefit,  or  anything  of  value,  for 
the  purpose  of  influencing  or  obtaining  the  political 
support,  aid  or  vote  of  any  person  or  persons. 

Every  elective  officer  in  any  such  city  shall,  within 
thirty  days  after  qualifying,  file  with  the  city  clerk, 
and  publish  at  least  once  in  a  daily  newspaper  of  gen- 
eral circulation,  his  sworn  statement  of  all  his  elec- 
[  207  ] 


DETHRONEMENT   OF  THE   CITY   BOSS 

tion  and  campaign  expenses,  and  by  whom  such  funds 
were  contributed. 

Any  violation  of  the  provisions  of  this  section  shall 
be  a  misdemeanor  and  be  a  ground  for  removal  from 
office. 

Sec.  15. — The  council  shall  each  month  print  in 
pamphlet  form  a  detailed  itemized  statement  of  all  re- 
ceipts and  expenses  of  the  city  and  a  summary  of  its 
proceedings  during  the  preceding  month,  and  furnish 
printed  copies  thereof  to  the  state  library,  the  city  li- 
brary, the  daily  newspapers  of  the  city,  and  to  per- 
sons who  shall  apply  therefor  at  the  office  of  the  city 
clerk.  At  the  end  of  each  year  the  council  shall  cause 
a  full  and  complete  examination  of  all  the  books  and 
accounts  of  the  city  to  be  made  by  competent  account- 
ants, and  shall  publish  the  result  of  such  examination 
in  the  manner  above  provided  for  publication  of  state- 
ments of  monthly  expenditures. 

Sec.  16. — If,  at  the  beginning  of  the  term  of  office 
of  the  first  council  elected  in  such  city  under  the  pro- 
visions of  this  act,  the  appropriations  for  the  expen- 
ditures of  the  city  government  for  the  current  fiscal 
year  have  been  made,  said  council  shall  have  power, 
by  ordinance,  to  revise,  repeal  or  change  said  appro- 
priations and  to  make  additional  appropriations. 

Sec.  17. — In  the  construction  of  this  act  the  follow- 
[208] 


TEXT   OF   THE   DES   MOINES   CHARTER 

ing  rules  shall  be  observed,  unless  such  construction 
would  be  inconsistent  with  the  manifest  intent,  or  re- 
pugnant to  the  context  of  the  statute : 

i.  The  words  "  councilman  "  or  "  alderman  "  shall 
be  construed  to  mean  "  councilman  "  when  applied  to 
cities  under  this  act. 

2.  When  an  office  or  officer  is  named  in  any  law  re- 
ferred to  in  this  act,  it  shall,  when  applied  to  cities 
under  this  act,  be  construed  to  mean  the  office  or  of- 
ficer having  the  same  functions  or  duties  under  the 
provisions  of  this  act,  or  under  ordinances  passed 
under  authority  thereof. 

3.  The  word  "  franchise  "  shall  include  every  spe- 
cial privilege  in  the  streets,  highways  and  public 
places  of  the  city,  whether  granted  by  the  state  or  the 
city,  which  does  not  belong  to  citizens  generally  by 
common  right. 

4.  The  word  "  electors  "  shall  be  construed  to  mean 
persons  qualified  to  vote  for  elective  offices  at  regular 
municipal  elections. 

Sec.  18. — The  holder  of  any  elective  office  may  be 
removed  at  any  time  by  the  electors  qualified  to  vote 
for  a  successor  of  such  incumbent.  The  procedure  to 
effect  the  removal  of  an  incumbent  of  an  elective  of- 
fice shall  be  as  follows :  A  petition  signed  by  electors 
entitled  to  vote  for  a  successor  to  the  incumbent 
[209] 


DETHRONEMENT   OF   THE   CITY   BOSS 

sought  to  be  removed,  equal  in  number  to  at  least 
twenty-five  per  centum  of  the  entire  vote  for  all  can- 
didates for  the  office  of  mayor  cast  at  the  last  pre- 
ceding general  municipal  election,  demanding  an 
election  of  a  successor  of  the  person  sought  to  be  re- 
moved shall  be  filed  with  the  city  clerk,  which  petition 
shall  contain  a  general  statement  of  the  grounds  for 
which  the  removal  is  sought.  The  signatures  to  the 
petition  need  not  all  be  appended  to  one  paper,  but 
each  signer  shall  add  to  his  signature  his  place  of 
residence,  giving  the  street  and  number.  One  of  the 
signers  of  each  such  paper  shall  make  oath  before  an 
officer  competent  to  administer  oaths  that  the  state- 
ments therein  made  are  true  as  he  believes,  and  that 
each  signature  to  the  paper  appended  is  the  genuine 
signature  of  the  person  whose  name  it  purports  to  be. 
Within  ten  days  from  the  date  of  filing  such  petition 
the  city  clerk  shall  examine,  and  from  the  voter's 
register  ascertain  whether  or  not  said  petition  is 
signed  by  the  requisite  number  of  qualified  electors, 
and,  if  necessary,  the  council  shall  allow  him  extra 
help  for  that  purpose ;  and  he  shall  attach  to  said  peti- 
tion his  certificate,  showing  the  result  of  said  exami- 
nation. If,  by  the  clerk's  certificate,  the  petition  is 
shown  to  be  insufficient,  it  may  be  amended  within 
ten  days  from  the  date  of  said  certificate.  The  clerk 
[210] 


TEXT   OF   THE   DES   MOINES   CHARTER 

shall,  within  ten  days  after  such  amendment,  make 
like  examination  of  the  amended  petition  and  if  his 
certificate  shall  show  the  same  to  be  insufficient,  it 
shall  be  returned  to  the  person  filing  the  same;  with- 
out prejudice,  however,  to  the  filing  of  a  new  petition 
to  the  same  effect.  If  the  petition  shall  be  deemed  to 
be  sufficient,  the  clerk  shall  submit  the  same  to  the 
council  without  delay.  If  the  petition  shall  be  found 
to  be  sufficient  the  council  shall  order  and  fix  a  date 
for  holding  the  said  election,  not  less  than  thirty  days 
nor  more  than  forty  days  from  the  date  of  the  clerk's 
certificate  to  the  council  that  a  sufficient  petition  is 
filed. 

The  council  shall  make,  or  cause  to  be  made,  pub- 
lication of  notice  and  all  arrangements  for  holding 
such  election,  and  the  same  shall  be  conducted,  re- 
turned and  the  result  thereof  declared,  in  all  respects 
as  are  other  city  elections.*  The  successor  of  any 
officer  so  removed  shall  hold  office  during  the  unex- 
pired term  of  his  predecessor.  Any  person  sought  to 
be  removed  may  be  a  candidate  to  succeed  himself, 
and  unless  he  requests  otherwise  in  writing,  the  clerk 
shall  place  his  name  on  the  official  ballot  without 
nomination.  In  any  such  removal  election,  the  can- 
didate receiving  the  highest  number  of  votes  shall  be 

*  For  amendment  to  this  section,  see  Appendix  B,  page  218. 
[211] 


DETHRONEMENT   OF  THE   CITY   BOSS 

declared  elected.  At  such  election,  if  some  other  per- 
son than  the  incumbert  receives  the  highest  number 
of  votes,  the  incumbent  shall  thereupon  be  deemed 
removed  from  the  office  upon  qualification  of  his  suc- 
cessor. In  case  the  party  who  received  the  highest 
number  of  votes  should  fail  to  qualify  within  ten  days 
after  receiving  notification  of  election,  the  office  shall 
be  deemed  vacant.  If  the  incumbent  receives  the 
highest  number  of  votes,  he  shall  continue  in  office. 
The  said  method  of  removal  shall  be  cumulative  and 
additional  to  the  methods  heretofore  provided  by  law. 

Sec.  19. — Any  proposed  ordinance  may  be  sub- 
mitted to  the  council  by  petition  signed  by  electors  of 
the  city  equal  in  number  to  the  percentage  herein- 
after required.  The  signatures,  verification,  authen- 
tication, inspection,  certification,  amendment  and  sub- 
mission of  such  petition  shall  be  the  same  as  provided 
for  petitions  under  Section  18  hereof. 

If  the  petition  accompanying  the  proposed  ordi- 
nance be  signed  by  electors  equal  in  number  to  twenty- 1 
five  per  centum  of  the  votes  cast  for  all  candidates 
for  mayor  at  the  last  preceding  general  election,  and 
contains  a  request  that  the  said  ordinance  be  sub- 
mitted to  a  vote  of  the  people  if  not  passed  by  the 
council,  such  council  shall  either 

(a)  Pass  such  ordinance  without  alteration  within 
[212] 


TEXT   OF   THE   DES   MOINES   CHARTER 

twenty  days  after  attachment  of  the  clerk's  certificate 
to  the  accompanying  petition,  or, 

(b)  Forthwith,  after  the  clerk  shall  attach  to  the 
petition  accompanying  such  ordinance  his  certificate 
of  sufficiency,  the  council  shall  call  a  special  election, 
unless  a  general  municipal  election  is  fixt  within 
ninety  days  thereafter  and  at  such  special  or  general 
municipal  election,  if  one  is  so  fixt,  such  ordinance 
shall  be  submitted  without  alteration  to  the  vote  of 
the  electors  of  said  city. 

But  if  the  petition  is  signed  by  not  less  than  ten  nor 
more  than  twenty-five  per  centum  of  the  electors,  as 
above  defined,  then  the  council  shall,  within  twenty 
days,  pass  said  ordinance  without  change,  or  submit 
the  same  at  the  next  general  city  election  occurring 
not  more  than  thirty  days  after  the  clerk's  certificate 
of  sufficiency  is  attached  to  said  petition. 

The  ballots  used  when  voting  upon  said  ordinance 
shall  contain  these  words :  "  For  the  ordinance " 
(stating  the  nature  of  the  proposed  ordinance),  and 
"Against  the  ordinance"  (stating  the  nature  of  the 
proposed  ordinance).  If  a  majority  of  the  qualified 
electors  voting  on  the  proposed  ordinance  shall  vote 
in  favor  thereof,  such  ordinance  shall  thereupon  be- 
come a  valid  and  binding  ordinance  of  the  city;  and 
any  ordinance  proposed  by  petition,  or  which  shall  be 
[213] 


DETHRONEMENT  OF  THE   CITY   BOSS 

adopted  by  a  vote  of  the  people,  cannot  be  repealed 
or  amended  except  by  a  vote  of  the  people. 

Any  number  of  proposed  ordinances'  may  be  voted 
upon  at  the  same  election,  in  accordance  with  the  pro- 
visions of  this  section;  but  there  shall  not  be  more 
than  one  special  election  in  any  period  of  six  months 
for  such  purpose. 

The  council  may  submit  a  proposition  for  the  re- 
peal of  any  such  ordinance  or  for  amendments  thereto, 
to  be  voted  upon  at  any  succeeding  general  city  elec- 
tion; and  should  such  proposition  so  submitted  re- 
ceive a  majority  of  the  votes  cast  thereon  at  such 
election,  such  ordinance  shall  thereby  be  repealed  or 
amended  accordingly.  Whenever  any  ordinance  or 
proposition  is  required  by  this  act  to  be  submitted  to 
the  voters  of  the  city  at  any  election,  the  city  clerk 
shall  cause  such  ordinance  or  proposition  to  be  pub- 
lished once  in  each  of  the  daily  newspapers  published 
in  said  city;  such  publication  to  be  not  more  than 
twenty  or  less  than  five  days  before  the  submission 
of  such  proposition  or  ordinance  to  be  voted  on. 

Sec.  20. — No  ordinance  passed  by  the  council,  ex- 
cept when  otherwise  required  by  the  general  laws  of 
the  state  or  by  the  provisions  of  this  act,  except  an 
ordinance  for  the  immediate  preservation  of  the  pub- 
lic peace,  health  or  safety,  which  contains  a  state- 
[  214  ]j 


TEXT   OF   THE   DES   MOINES   CHARTER 

ment  of  its  urgency  and  is  passed  by  a  two-thirds  vote 
of  the  council,  shall  go  into  effect  before  ten  days 
from  the  time  of  its  final  passage ;  and  if  during  said 
ten  days  a  petition  signed  by  electors  of  the  city  equal 
in  number  to  at  least  twenty-five  per  centum  of  the 
entire  vote  cast  for  all  candidates  for  mayor  at  the 
last  preceding  general  municipal  election  at  which  a 
mayor  was  elected,  protesting  against  the  passage  of 
such  ordinance,  be  presented  to  the  council,  the  same 
shall  thereupon  be  suspended  from  going  into  opera- 
tion, and  it  shall  be  the  duty  of  the  council  to  recon- 
sider such  ordinance ;  and  if  the  same  is  not  entirely 
repealed,  the  council  shall  submit  the  ordinance,  as  is 
provided  by  Sub-section  B  of  Section  19  of  this  act, 
to  the  vote  of  the  electors  of  the  city,  either  at  the 
general  election  or  at  a  special  municipal  election  to 
be  called  for  that  purpose;  and  such  ordinance  shall 
not  go  into  effect  or  become  operative  unless  a  ma- 
jority of  the  qualified  electors  voting  on  the  same 
shall  vote  in  favor  thereof.  Said  petition  shall  be  in 
all  respects  in  accordance  with  the  provisions  of  said 
Section  19,  except  as  to  the  percentage  of  signers,  and 
be  examined  and  certified  to  by  the  clerk  in  all  re- 
spects as  therein  provided. 

Sec.  21. — Any  city  which  shall  have  operated  for 
more  than  six  years  under  the  provisions  of  this  act 
[  215  ]j 


DETHRONEMENT   OF   THE   CITY   BOSS 

may  abandon  such  organization  hereunder,  and  ac- 
cept the  provisions  of  the  general  law  of  the  state 
then  applicable  to  cities  of  its  population,  or  if  now 
organized  under  special  charter,  may  resume  said 
special  charter  by  proceeding  as  follows: 

Upon  the  petition  of  not  less  than  twenty-five  per 
centum  of  the  electors  of  such  city  a  special  election 
shall  be  called,  at  which  the  following  proposition  only 
shall  be  submitted: 

"  Shall  the  city  of  (name  of  city)  abandon  its  or- 
ganization under  Chapter  —  of  the  acts  of  the  Thirty- 
second  General  Assembly  and  become  a  city  under  the 
general  law  governing  cities  of  like  population,  or  if 
now  organized  under  special  charter  shall  resume  said 
special  charter  ?  " 

If  a  majority  of  the  votes  cast  at  such  special  election 
be  in  favor  of  such  proposition,  the  officers  elected  at 
the  next  succeeding  biennial  election  shall  be  those  then 
prescribed  by  the  general  law  of  the  state  for  cities 
of  like  population,  and  upon  the  qualification  of  such 
officers  such  city  shall  become  a  city  under  such  gen- 
eral law  of  the  state ;  but  such  change  shall  not  in  any 
manner  or  degree  affect  the  property,  rights  or  liabili- 
ties of  any  nature  of  such  city  but  shall  merely  ex- 
tend to  such  change  in  its  form  of  government. 

The  sufficiency  of  such  petition  shall  be  determined, 
[216] 


TEXT   OF   THE   DES   MOINES   CHARTER 

the  election  ordered  and  conducted,  and  the  results 
declared,  generally  as  provided  by  Section  18  of  this 
act,  insofar  as  the  provisions  thereof  are  applicable. 

Sec.  22. — Petitions  provided  for  in  this  act  shall  be 
signed  by  none  but  legal  voters  of  the  city.  Each  pe- 
tition shall  contain,  in  addition  to  the  names  of  the 
petitioners,  the  street  and  house  number  in  which  the 
petitioner  resides,  his  age  and  length  of  residence  in 
the  city.  It  shall  also  be  accompanied  by  the  affidavit 
of  one  or  more  legal  voters  of  the  city,  stating  that 
the  signers  thereof  were,  at  the  time  of  signing,  legal 
voters  of  said  city,  and  the  number  of  signers  at  the 
time  the  affidavit  was  made. 

Sec.  23. — This  act  being  deemed  of  immediate  im- 
portance, shall  take  effect  and  be  in  force  from  and 
after  its  publication  in  the  Register  and  Leader  and 
Des  Moines  Capital,  newspapers  published  in  Des 
Moines,  Iowa. 

Approved  March  29,  a.d.  1907. 


[217] 


APPENDIX   B 

THE  RECALL  PROVISION  AMENDED,  THE 
SAME  BEING  THE  FIRST  LEGISLATIVE 
AMENDMENT   TO   THE   CHARTER 

AN  ACT  to  amend  the  law  as  it  appears  in  section 
ten  hundred  fifty-six-a  thirty-six  (1056^-36)  of 
the  supplement  to  the  code,  1907,  relating  to  the 
government  of  certain  cities  and  the  recalling  of 
elective  officers  therein.  Approved  April  16, 
1909. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of 
Iowa: 

Section  i. — That  section  ten  hundred  fifty-six-a 
thirty-six  (1056-3-36)  of  the  supplement  to  the  code, 
1907,  be  amended  by  inserting  after  the  word  "  elec- 
tions "  at  the  end  of  the  thirty-fourth  (34)  line  in 
said  section  the  following: 

"  So  far  as  applicable,  except  as  otherwise  herein 
provided,  nominations  hereunder  shall  be  made  with- 
out the  intervention  of  a  primary  election  by  filing 
with  the  clerk  at  least  ten  (10)  days  prior  to  said 
special  election,  a  statement  of  candidacy  accom- 
panied by  a  petition  signed  by  electors  entitled  to  vote 
[218], 


THE   RECALL   PROVISION   AMENDED 

at  said  special  election  equal  in  number  to  at  least  ten 
per  centum  of  the  entire  vote  for  all  candidates  for  the 
office  of  mayor  at  the  last  preceding  general  municipal 
election,  which  said  statement  of  candidacy  and  peti- 
tion shall  be  substantially  in  the  form  set  out  in  section 
ten  hundred  fifty-six-a  twenty-one  (i056-a-2i)  of  the 
supplement  to  the  code,  1907,  so  far  as  the  same  is 
applicable,  substituting  the  word  '  special '  for  the 
word  '  primary '  in  such  statement  and  petition,  and 
stating  therein  that  such  person  is  a  candidate  for 
election  instead  of  nomination. 

"  The  ballot  for  such  special  election  shall  be  in 
substantially  the  following  form: 

OFFICIAL  BALLOT 

"  Special  election  for  the  balance  of  the  unexpired 

term  of as 

For 

(Vote  for  one  only) 
(Names  of  candidates) 

□  

□ 

Name  of  present  incumbent. 
Official  ballot  attest: 
(Signature) 

"  City  Clerk." 
I  2I9  1 


APPENDIX   C 

ORDINANCE    UNDER  WHICH    THE    FIRST 
ADMINISTRATION  WAS   ORGANIZED 

An  ordinance  to  distribute  the  executive  and  admin- 
istrative powers,  authority  and  duties  into  and 
among  the  several  departments,  and  determine 
the  powers  and  duties  to  be  performed,  and  as- 
sign them  to  the  appropriate  departments  and 
officers. 
(Passed  July  6,  1908.) 

Be  it  Ordained  by  the  City  Council  of  the  City  of 
Des  Moines: 
Section  i. — That  the  executive  and  administrative 
powers,  authority  and  duties  in  the  city  are  distributed 
into  and  among  the  several  departments  and  the  pow- 
ers and  duties  to  be  performed  are  determined  and 
assigned  to  the  appropriate  departments  and  officers, 
all  as  hereinafter  set  forth. 

The  Council 

Sec.   2. — The  Council  has   and   shall   exercise   all 
legislative  powers,  functions  and  duties  conferred  upon 
[  220] 


THE   FIRST   ADMINISTRATION 

the  city  or  its  officers.  It  shall  make  all  orders  for  the 
doing  of  work,  or  the  making  or  construction  of  any 
improvement,  bridge  or  building.  It  shall  levy  all 
taxes,  apportion  and  appropriate  all  funds,  and  audit 
and  allow  all  bills,  accounts,  pay-rolls  and  claims,  and 
order  payment  thereof.  It  shall  make  all  assessments 
for  the  cost  of  street  improvements,  sidewalks,  sewers 
and  other  work,  improvement  or  repairs  which  may 
be  specially  assessed.  It  shall  make  or  authorize  the 
making  of  all  contracts,  and  no  contract  shall  bind  or 
be  obligatory  upon  the  city  unless  either  made  by  or- 
dinance or  resolution  adopted  by  the  Council,  or  re- 
duced to  writing  and  approved  by  the  Council,  or  ex- 
pressly authorized  by  ordinance  or  resolution  adopted 
by  the  Council.  All  contracts  and  all  ordinances  and 
resolutions  making  contracts  or  authorizing  the  mak- 
ing of  contracts  shall  be  drawn  by  the  Corporation 
Counsel  or  City  Solicitor,  or  approved  by  such  officer, 
before  the  same  is  made  or  passed.  All  superintend- 
ents of  departments  and  officers  are  the  agents  of 
the  Council  only,  and  all  their  acts  shall  be  subject  to 
review  and  to  approval  or  revocation  by  the  Council. 
Every  superintendent  or  officer  shall,  from  time  to 
time,  as  required  by  law  or  ordinance,  or  when  re- 
quested by  the  Council,  or  whenever  he  shall  deem 
necessary  for  the  good  of  the  public  service,  report  to 

[221  ] 


DETHRONEMENT   OF  THE   CITY   BOSS 

the  Council  in  writing  respecting  the  business  of  his 
department  or  office  or  matters  connected  therewith. 

The  Council  may,  by  ordinance  or  resolution,  as- 
sign to  a  superintendent,  officer  or  employee,  duties  in 
respect  to  the  business  of  any  other  department,  office 
or  employment,  and  such  service  shall  be  rendered 
without  additional  compensation. 

Department  of  Public  Affairs 

Sec.  3. — The  Mayor  shall  have  and  exercise  all  the 
powers  and  perform  all  the  duties  provided  or  pre- 
scribed by  law  or  the  ordinances  of  the  city,  not  in 
conflict  with  the  provisions  of  this  ordinance.  The 
Mayor  shall  be  Superintendent  of  the  Department  of 
Public  Affairs,  and  as  such  shall  have  general  super- 
vision and  oversight  over  all  departments  and  offices 
in  the  city;  he  shall  be  the  chief  executive  officer  and 
representative  of  the  city,  shall  sign  all  contracts  on 
behalf  of  the  city,  and  shall  have  charge  of  and  cause 
to  be  prepared  and  published  all  statements  and  re- 
ports required  by  law  or  ordinance  or  by  resolution 
of  the  Council.  The  Mayor  shall  be  chairman  of  the 
local  Board  of  Health ;  shall  possess  all  of  the  powers 
and  perform  all  of  the  duties  pertaining  to  the  local 
Board  of  Health,  as  is  now  or  may  hereafter  be  re- 
[  222  ] 


THE   FIRST   ADMINISTRATION 

quired  by  the  laws  of  the  state  and  the  ordinances  of 
the  city.  All  notices  of  quarantine  and  release  must 
bear  his  signature. 

The  Corporation  Counsel,  City  Solicitor,  and  As- 
sistant City  Solicitor,  City  Stenographer,  and  other 
officers  and  employees  of  the  Legal  Department,  the 
Police  Court,  the  Police  Judge,  and  Clerk  of  Police 
Court,  the  City  Library  and  Library  Building,  and 
Library  Trustees,  and  other  officers  and  employees  in 
the  Library;  the  Civil  Service  Commission,  and  all 
other  officers  or  functionaries  not  by  law  or  ordinance 
distributed  or  assigned  to  some  other  department,  are 
distributed  and  assigned  to  the  Department  of  Public 
Affairs. 

Department  of  Accounts  and  Finance 

Sec.  4. — The  Superintendent  of  the  Department  of 
Accounts  and  Finance  shall  have  charge  of  and  super- 
vision over  all  accounts  and  records  of  the  city,  and 
all  officers,  boards  or  departments  required  to  keep  or 
make  accounts,  records  or  reports.  He  shall  inspect 
or  cause  to  be  inspected  all  records  or  accounts  re- 
quired to  be  kept  in  any  of  the  offices  or  departments 
of  the  city,  and  shall  cause  proper  accounts  and  rec- 
ords to  be  kept  and  proper  reports  to  be  made.  He 
shall  audit  or  cause  to  be  audited  at  frequent  intervals 
[223] 


DETHRONEMENT   OF  THE   CITY   BOSS 

the  accounts  of  every  officer  or  employee  who  does  or 
may  receive  or  disburse  money.  He  shall  have  charge 
of  the  purchase,  care  and  distribution  of  all  supplies 
and  other  articles  not  otherwise  provided  by  law.  He 
shall  have  charge  and  supervision  over  all  printing 
by  or  for  the  city,  unless  otherwise  provided  by  law. 
He  shall  examine  or  cause  to  be  examined,  and  report 
to  the  Council,  upon  all  bills,  accounts,  pay-rolls  and 
claims  before  they  are  acted  upon  or  allowed,  unless 
otherwise  provided  by  law. 

The  Assessor,  Auditor,  Treasurer,  License  Collec- 
tor, City  Clerk*  and  Market  Master,  and  their  re- 
spective offices  or  departments,  and  all  employees 
therein,  and  all  bookkeepers  and  accountants  are  dis- 
tributed and  assigned  to  the  Department  of  Accounts 
and  Finance,  and  shall  be  under  the  supervision  and 
direction  of  the  Superintendent  thereof. 

The  Superintendent  of  the  Department  of  Accounts 
and  Finance  shall  procure  from  all  persons  and  cor- 
porations operating  public  service  utilities  in  the  city 
such  reports  as  they  are  by  law  or  ordinance  or  other- 
wise required  to  make  to  the  city,  or  any  of  its  officers, 
and  procure  copies  of  such  reports  as  are  made  to  the 
state  or  any  public  office  or  department,  and  shall  col- 

*  By  a  later  ordinance,  the  city  clerk  was  transferred  to  the 
Department  of  Public  Affairs. 

[224] 


THE   FIRST   ADMINISTRATION 

lect,  or  cause  to  be  collected,  all  license  fees,  franchise 
taxes,  rentals  or  other  moneys  which  may  be  due  or 
become  due  to  the  city.  He  shall  report  to  the  City 
Council  any  failure  to  make  reports  or  to  pay  moneys 
due  to  the  city  with  such  recommendations  in  relation 
thereto  as  he  may  deem  proper.  He  shall,  whenever 
the  city  has  authority  so  to  do,  cause  to  be  examined 
the  accounts  and  records  of  any  person  or  corporation 
operating  a  public  service  utility  in  the  city,  and  shall 
report  to  the  Council  any  refusal  to  permit  such  ex- 
amination, with  such  recommendations  in  relation 
thereto  as  he  may  deem  proper. 

Department  of  Public  Safety 

Sec.  5. — The  Marshal,  Chief  of  Police  and  Police 
Department,  and  all  policemen,  officers  and  employees 
therein,  and  all  police  stations  and  property  and  ap- 
paratus used  in  said  Police  Department;  the  Chief  of 
Fire  Department,  and  the  Fire  Department,  and  all 
firemen,  officers  and  employees  therein,  and  all  fire 
stations  and  property  and  apparatus  used  in  said  Fire 
Department;  the  fire  and  police  alarm  system,  and  all 
property  and  apparatus  belonging  thereto;  the  City 
Physician,  Assistant  City  Physician,  Board  of  Health, 
health  officers,  and  all  officers  and  employees  in  their 
[225] 


DETHRONEMENT   OF   THE   CITY   BOSS 

respective  offices  or  in  the  Health  Department  of  the 
city,  and  the  City  Hospital  and  employees  therein,  and 
all  buildings,  property  and  apparatus  belonging  to  or 
used  in  said  offices  and  department ;  the  Fire  Marshal, 
Inspector  of  Plumbing,  City  Electrician,  Electrical 
Inspector,  and  their  offices,  and  all  property  and  ap- 
paratus used  therein,  are  all  distributed  and  assigned 
to  the  Department  of  Public  Safety. 

The  Superintendent  of  the  Department  of  Public 
Safety  shall  have  charge  of  and  supervision  and  direc- 
tion over  all  officers  and  employees  assigned  to  said 
department,  and  over  all  said  buildings,  property  and 
apparatus.  He  shall  have  charge  of  all  purchases  of 
horses,  apparatus  and  supplies  for  said  department,  or 
the  offices  and  departments  assigned  thereto.  He 
shall  have  charge  of  and  supervision  over  the  removal 
and  disposal  of  garbage.  He  shall  have  supervision 
over  the  construction  and  repair  of  all  buildings  as- 
signed to  said  department,  and  may,  on  application, 
receive  assistance  therein  from  other  officers  and  de- 
partments of  the  city. 

Department  of  Streets  and  Public  Improvements 

Sec.  6. — The  Superintendent  of  the  Department  of 
Streets  and   Public   Improvements   shall   superintend 
[226] 


THE   FIRST  ADMINISTRATION 

and  take  charge  of  all  public  work,  the  cleaning  of 
streets  and  public  places,  the  entire  erection,  making 
and  reconstruction  of  all  street  improvements,  side- 
walks, sewers,  bridges,  viaducts,  and  public  buildings 
and  other  improvements,  and  of  the  repair  thereof, 
where  not  otherwise  assigned.  He  shall  approve  the 
estimates  of  the  City  Engineer,  which  may  be  made 
from  time  to  time,  of  the  cost  of  such  work,  as  the 
same  progresses,  and  accept  any  building  erected,  work 
done  or  improvement  made  when  completed  accord- 
ing to  contract,  and  perform  such  other  duties  as  may 
be  provided  or  required  by  ordinance  or  resolution. 
He  shall  have  control,  management  and  direction  of  the 
lighting  of  streets  and  alleys,  of  public  grounds  and 
buildings  not  otherwise  assigned,  and  of  all  lamps, 
lights,  lighting  materials  and  persons  charged  with  the 
care  thereof.  He  shall  have  charge  of  enforcing  the 
provisions  of  law  or  ordinances  relating  to  billboards. 
He  shall  have  control  and  supervision  over  all  public 
dumping  grounds  and  dumps.  He  shall  have  super- 
vision over  all  public  service  utilities  and  all  persons  or 
corporations  rendering  service  in  the  city  under  any 
franchise,  contract  or  grant  made  or  granted  by  the 
city  or  state,  and  shall  report  to  the  Council  or  other 
proper  officer  any  failure  of  said  person  or  corpora- 
tion to  render  service  or  to  observe  the  requirements 
[227] 


DETHRONEMENT   OF  THE   CITY   BOSS 

or  conditions  of  the  franchise,  contract  or  grant  under 
which  such  public  service  utility  is  operated. 

The  Civil  Engineer  and  Engineer's  Department, 
and  employees  therein ;  Street  Commissioner,  inspec- 
tors and  all  other  officers  and  employees  employed  in 
connection  with  the  work  of  said  department,  are  dis- 
tributed and  assigned  to  the  Department  of  Streets 
and  Public  Improvements,  and  shall  be  under  the  su- 
pervision and  direction  of  the  Superintendent  thereof. 

Department  of  Parks  and  Public  Property 

Sec.  7. — The  Superintendent  of  Parks  and  Public 
Property  shall  have  charge  of  and  supervision  over 
Greenwood  Park,  Waveland  Park,  Grand  View  Park, 
Union  Park  and  Birdland,  South  Park,  Good  Park, 
City  Bath  House  and  Park,  Bates  Park,  Hoyt  Sher- 
man Place,  Nash  Park,  the  Library  grounds,  River 
Front  Park,  and  park  at  Raccoon  Forks;  of  so  much 
of  Des  Moines  and  Raccoon  rivers  and  their  banks  as 
belong  to  the  city  or  are  under  its  control,  and  of  all 
other  public  parks  and  pleasure  grounds  in  the  city, 
and  of  all  officers  and  employees,  including  park  police- 
men, employed  in  or  about  said  parks  and  pleasure 
grounds,  and  of  all  property  belonging  to  said  parks 
and  pleasure  grounds,  or  kept  or  used  in  connection 
therewith.  He  shall  have  charge  of  and  supervision 
[228] 


THE   FIRST   ADMINISTRATION 

over  the  City  Hall  and  Janitor  thereof,  and  the  park 
or  grounds  adjoining  said  City  Hall.  He  shall  have 
charge  of  and  supervision  over  Woodland  Cemetery, 
Glendale  Cemetery,  Laurel  Hill  Cemetery,  and  all 
other  public  cemeteries  in  the  city,  and  of  the  sex- 
tons and  other  employees  in  the  cemeteries,  and  of  all 
property  belonging  to  or  used  or  kept  in  connection 
with  the  public  cemeteries.  He  shall  have  charge  of 
and  supervision  over  Tracy  Home  property,  the  aban- 
doned fire  station  at  Seventeenth  and  Crocker  streets, 
and  all  other  property  owned  or  controlled  by  the  city 
and  not  assigned  to  some  other  department.  He  shall 
have  charge  of  and  supervision  over  all  boulevard 
and  street  parkings  and  park  ways.  He  shall  have 
charge  of  and  supervision  over  the  improvements, 
maintenance,  lighting  and  care  of  all  said  parks, 
pleasure  grounds  and  cemeteries,  and  of  the  build- 
ings therein  or  thereon.  He  shall  have  charge  of  en- 
forcing the  provisions  of  law  and  ordinances  relating 
to  the  improvement  and  care  of  street  parkings  and 
the  planting  of  trees  therein.  He  shall  have  such  as- 
sistance from  the  Civil  Engineer  and  Engineering 
Department  as  may  be  necessary  in  surveying,  laying 
out  improvements,  and  otherwise  improving  the 
parks,  and  may,  on  application,  receive  assistance 
from  other  officers  and  departments  of  the  city. 
[229] 


DETHRONEMENT   OF   THE   CITY    BOSS 

Of  Appointments  of  Assistants  and  Employees 

Sec.  8. — Except  as  otherwise  provided  by  law  or 
ordinance,  the  Superintendent  of  each  department 
shall  appoint  or  employ  such  assistants  and  employees 
as  may  be  authorized  by  the  Council  and  necessary  to 
the  efficient  conduct  of  the  service  in  said  department. 

Rules  and  Regulations 

Sec.  9. — That  the  Superintendent  of  each  depart- 
ment shall  make  and  enforce  such  rules  and  regula- 
tions, not  inconsistent  with  law  or  the  ordinances  or 
rules  and  regulations  adopted  by  the  City  Council,  as 
may  be  necessary  to  secure  efficient  conduct  of  the 
service  of  his  department  or  the  business  in  charge 
thereof. 

Sec.  10. — This  ordinance  is  declared  to  be  urgent 
and  necessary  for  the  immediate  preservation  of  the 
public  peace,  health  and  safety,  and  shall  take  effect 
and  be  in  force  from  and  after  its  passage  and  pub- 
lication as  provided  by  law. 


[230] 


APPENDIX    D 

THE   CHARTER   DEFEATED   IN    1906 
(FULL   TEXT) 

A  Bill  for  an  Act  to  Provide  for  the  Govern- 
ment of  Certain  Cities.  (Amending  Title 
V  of  the  Code.) 

Be  it  enacted  by  the  General  Assembly  of  the  State  of 
Iowa: 
Section  i. — That  every  municipal  corporation  now 
or  hereafter  organized  as  a  city  of  the  first  class,  as 
now  defined,  or  as  a  city  of  the  second  grade  of  the 
first  class,  as  in  this  act  defined,  or  as  a  special  char- 
ter city,  and  which  has  or  shall  have,  according  to  any 
state  or  national  census,  a  population  of  twenty-five 
thousand  or  over,  and  which  shall  organize  as  such 
under  the  provisions  of  this  act,  shall  be  a  city  of  the 
first  grade  of  the  first  class,  and  be  subject  to  the  pro- 
visions of  this  act.  Every  other  municipal  corpora- 
tion, now  or  hereafter  organized  as  a  city  of  the  first 
class,  shall  be  a  city  of  the  second  grade  of  the  first 
class,  and  be  subject  to  the  laws  governing  cities  of 
the  first  class  as  now  organized. 
[231] 


DETHRONEMENT   OF   THE   CITY   BOSS 

Any  city  incorporated  under  general  laws  or  spe- 
cial charter,  and  having,  according  to  any  state  or 
national  census,  a  population  of  twenty-five  thousand 
or  over,  may  abandon  its  existing  organization  or 
charter  and  organize  as  a  city  of  the  first  grade  of 
the  first  class,  with  the  same  territorial  limits,  and  be 
subject  to  the  provisions  of  this  act  by  pursuing  the 
course  hereinafter  prescribed. 

Sec.  2. — Upon  petition  of  one  hundred  citizens  of 
any  such  city,  the  mayor  shall  by  proclamation  submit 
the  question  of  organization  as  a  city  of  the  first 
grade  of  the  first  class  under  the  provisions  of  this 
act  at  the  next  regular  city  election  occurring  within 
two  months  and  more  than  ten  days  after  said  peti- 
tion is  filed  with  the  city  clerk  or  recorder.  If  the 
next  regular  city  election  shall  occur  more  than  two 
months  or  less  than  ten  days  after  said  petition  is  filed 
with  the  city  clerk  or  recorder,  then  said  question 
shall  be  by  the  mayor  by  proclamation  submitted  at  a 
special  election  to  be  held  within  two  months  after 
said  petition  is  filed. 

At  such  election  the  proposition  to  be  submitted 
shall  be :  "  Shall  the  proposition  to  organize  the  city 
of  (naming  the  city)  as  a  city  of  the  first  grade  of 
the  first  class  be  adopted?"  And  the  election  shall 
be  conducted,  the  vote  canvassed,  and  the  result  de- 
[  232  ] 


THE   CHARTER   DEFEATED   IN    1906 

clared  in  the  same  manner  as  provided  by  law  in  re- 
spect to  other  city  elections,  except  that  the  ballot 
containing  said  proposition  shall  be  separate  from  the 
other  ballots  voted  at  such  election.  If  the  majority 
of  the  votes  cast  shall  be  in  favor  thereof,  the  city 
shall  thereby  be  and  become  a  city  of  the  first  grade 
of  the  first  class,  and  be  subject  to  the  provisions  of 
this  act. 

At  such  election  there  shall  be  elected  a  judge  of 
superior  court,  a  mayor,  and  four  commissioners; 
and  if  the  proposition  to  reorganize  such  city  shall 
be  adopted,  said  officers  shall  qualify  and  hold  office 
until  their  successors  are  elected  and  qualified.  Im- 
mediately after  such  election,  the  mayor  shall  trans- 
mit to  the  Governor,  to  the  Secretary  of  State,  and  to 
the  County  Auditor,  each  a  certificate  showing  that 
said  proposition  was  adopted,  and  the  names  of  the 
judge,  mayor,  and  commissioners  elected,  and  there- 
upon the  Governor  shall  issue  to  the  judge  a  commis- 
sion empowering  him  to  act  as  by  law  provided.  The 
nomination  of  candidates  for  said  offices  to  be  voted 
for  at  said  election  shall  be  by  petition. 

Sec.  3.— All  laws  governing  cities  of  the  first  class, 

and  not  inconsistent  with  the  provisions  of  this  act, 

shall  apply  to  and  govern  cities  of  the  first  grade  of 

the  first  class;  and  every  such  city  shall  be  subject 

[233] 


DETHRONEMENT   OF   THE   CITY   BOSS 

to  the  provisions  of  sections  nine  hundred  and  fifty- 
five  (955),  nine  hundred  and  fifty-six  (956),  nine 
hundred  and  fifty-nine  (959),  nine  hundred  and  sixty- 
four  (964),  nine  hundred  and  eighty-nine  (989),  one 
thousand  (1000),  one  thousand  and  twenty-three 
(1023),  and  one  thousand  and  fifty-three  (1053),  of 
the  Code,  now  applicable  to  special  charter  cities,  not 
inconsistent  with  the  provisions  of  this  act.  All  by- 
laws, ordinances,  and  resolutions  lawfully  passed  and 
in  force  in  any  such  city  under  its  former  organization 
shall  remain  in  force  until  altered  or  repealed  by  the 
commission  elected  under  the  provisions  of  this  act. 
All  rights  and  property  of  every  description  which 
were  vested  in  any  such  city  under  its  former  organiza- 
tion shall  vest  in  the  same  under  the  organization 
herein  contemplated ;  and  no  right  or  liability,  either  in 
favor  of  or  against  it,  existing  at  the  time,  and  no  suit 
or  prosecution  of  any  kind  shall  be  affected  by  such 
change;  but  when  a  different  remedy  is  given  by  this 
act  which  can  be  made  properly  applicable  to  any 
right  existing  at  the  time  such  change  is  made,  the 
same  shall  be  cumulative  to  the  remedies  before  pro- 
vided, and  may  be  used  accordingly. 

Sec.  4. — In  every  such  city  there  shall  be  estab- 
lished a  Superior  Court,  which  shall  be  organized  and 
controlled  as  provided  in  Chapter  six  (6)  title  three 
[234] 


THE   CHARTER   DEFEATED   IN    1906 

(III)  of  the  code  and  amendments  thereto.  At  the 
first  election  of  city  officers  under  the  provisions  of 
this  act,  and  thereafter  as  provided  by  law,  there  shall 
be  elected  a  judge  of  said  court. 

Sec.  5. — In  every  such  city  there  shall  be  elected  at 
the  regular  biennial  municipal  election  a  mayor  and 
four  commissioners.  Any  vacancy  occurring  in  any 
such  office  shall  be  filled  at  a  special  election  to  be 
called  by  the  mayor  within  one  month  after  such  va- 
cancy occurs.  Said  officers  shall  be  nominated  and 
elected  by  the  whole  electorate  of  such  city.  The 
terms  of  office  of  said  officers  shall  begin  on  the  first 
Monday  after  their  election.  The  terms  of  office  of 
the  mayor  and  councilmen  or  aldermen  in  such  city 
in  office  at  the  beginning  of  the  term  of  office  of  the 
mayor  and  commissioners  first  elected  under  the  pro- 
visions of  this  act  shall  then  cease  and  determine ;  and 
the  terms  of  office  of  all  other  elective  and  appointive 
officers  then  in  office  in  such  city  shall  cease  and  de- 
termine as  soon  as  the  officers  elected  or  appointed  to 
perform  their  duties  shall  be  elected,  or  appointed  and 
qualified,  or  as  soon  as  the  commission  shall  by  reso- 
lution declare. 

Sec.  6. — All  nominations  of  candidates  for  offices 
to  be  voted  for  at  any  election  held  in  any  such  city, 
or  under  the  provisions  of  this  act,  shall  be  by  peti- 
[235] 


DETHRONEMENT   OF  THE   CITY  BOSS 

tion,  as  provided  in  sections  eleven  hundred  (noo) 
to  eleven  hundred  and  four  (1104),  both  inclusive,  of 
the  code ;  but  such  petition  shall  be  signed  by  not  less 
than  three  hundred  (300)  qualified  voters,  shall  not 
contain  any  designation  of  a  party  or  statement  of 
political  principles,  shall  be  accompanied  by  an  affi- 
davit by  the  candidate  stating  that  he  is  in  good  faith 
a  candidate  for  said  office  and  for  the  election  pro- 
vided for  in  section  two  (2)  of  this  act,  shall  be  filed 
not  more  than  forty  nor  less  than  eight  days  before 
the  day  fixt  for  holding  the  election,  and  for  any  other 
election  shall  be  filed  not  more  than  sixty  nor  less 
than  twenty  days  before  the  day  fixt  for  holding  the 
election. 

The  form  of  ballot  and  the  method  of  conducting 
the  election,  canvassing  the  vote,  and  declaring  the 
result  shall  be  the  same  as  provided  by  law  for  other 
elections,  except  that  the  ballot  shall  not  contain  the 
name  of  a  political  party  or  any  political  emblem  or 
statement  of  principles;  and  the  names  of  all  candi- 
dates for  any  office  shall  be  printed  in  one  column  in 
alphabetical  order;  the  columns  to  be  headed  by  the 
words:  "For  (name  of  office)"  in  one  line  to  be 
followed  by  the  words :  "  vote  for  (number  to  be 
elected)  "  in  one  line  followed  by  the  names  of  can- 
didates each  preceded  by  a  square. 
[236] 


;    THE   CHARTER   DEFEATED   IN    1906 

Sec.  7. — Every  such  city  shall  be  governed  by  a 
commission,  consisting  of  the  mayor  and  four  com- 
missioners, chosen  as  provided  in  this  act,  each  of 
whom  shall  have  the  right  to  vote  on  all  questions 
coming  before  the  commission.  Three  members  of 
the  commission  shall  constitute  a  quorum,  and  the  af- 
firmative vote  of  three  members  shall  be  necessary  to 
adopt  any  motion,  resolution  or  ordinance,  or  pass 
any  measure,  unless  a  greater  number  is  required  by 
law.  Upon  every  vote  the  yeas  and  nays  shall  be 
called  and  recorded;  and  every  motion,  resolution,  or 
ordinance  shall  be  reduced  to  writing  and  read  be- 
fore the  vote  is  taken  thereon.  The  mayor  shall  pre- 
side at  all  meetings  of  the  commission ;  he  shall  have 
no  power  to  veto  any  measure,  but  every  resolution 
or  ordinance  passed  by  the  commission  must  be  signed 
by  the  mayor,  or  by  two  commissioners,  and  be  re- 
corded before  the  same  shall  be  in  force. 

Sec.  8. — The  commission  shall  have  and  possess, 
and  the  commission  and  its  members  shall  exercise 
and  perform  all  executive,  legislative  and  judicial 
powers  and  duties  now  had,  possessed,  exercised  and 
performed  by  the  mayor,  city  council,  board  of  pub- 
lic works,  park  commissioners,  board  of  police  and 
fire  commisioners,  board  of  water  works  trustees, 
board  of  library  trustees,  solicitor,  assessor,  treasurer, 
[237] 


DETHRONEMENT   OF   THE   CITY   BOSS 

auditor,  city  engineer,  and  other  executive  and  ad- 
ministrative officers  in  cities  of  the  first  class.  The 
executive  and  administrative  powers,  authority,  and 
duties  in  such  cities  shall  be  distributed  into  and 
among  five  departments,  as  follows : 
i.  Department  of  Public  Affairs. 

2.  Department  of  Accounts  and  Finances. 

3.  Department  of  Public  Safety. 

4.  Department  of  Streets  and  Public  Improve- 
ments. 

5.  Department  of  Parks  and  Public  Property. 

The  commission  shall  from  time  to  time  by  ordi- 
nance provide  for  the  distribution  of  powers  and 
authority  among  the  several  departments;  shall  pre- 
scribe the  powers  and  duties  of  officers  and  em- 
ployees; may  assign  particular  officers  and  employees 
to  one  or  more  of  the  departments ;  may  require  an 
officer  or  employee  to  perform  duties  in  two  or  more 
departments ;  and  may  make  such  other  rules  and 
regulations  as  may  be  necessary  or  proper  for  the  effi- 
cient and  economical  conduct  of  the  business  of  the 
city. 

Sec.  9. — The  mayor  shall  be  superintendent  of  the 

Department  of  Public   Affairs,  and   the   commission 

shall  at  the  first  regular  meeting  after  election  of  its 

members,   designate   by   majority   vote   one   commis- 

[238] 


THE   CHARTER   DEFEATED   IN    1906 

sioncr  to  be  superintendent  of  the  Department  of 
Accounts  and  Finances;  one  to  be  superintendent  of 
the  Department  of  Public  Safety;  one  to  be  super- 
intendent of  the  Department  of  Streets  and  Public 
Improvements;  and  one  to  be  superintendent  of  the 
Department  of  Parks  and  Public  Property. 

The  commission  shall  at  said  first  meeting,  or  as 
soon  as  practicable  thereafter,  elect  by  majority  vote 
the  following  officers :  a  city  clerk,  solicitor,  assessor, 
treasurer,  auditor,  civil  engineer,  city  physician,  mar- 
shal, chief  of  fire  department,  market  master,  street 
commissioner,  three  library  trustees  and  such  other 
officers  and  assistants  as  shall  be  provided  for  by  or- 
dinance, and  necessary  to  the  proper  and  efficient 
conduct  of  the  affairs  of  the  city.  Any  officer  or  as- 
sistant elected  or  appointed  by  the  commission  may  be 
removed  from  office  at  any  time  by  vote  of  a  majority 
of  the  members  of  the  commission. 

Sec.  10. — The  commission  shall  have  power  from 
time  to  time  to  create,  fill,  and  discontinue  offices  and 
employments  other  than  herein  prescribed,  according 
to  their  judgment  of  the  needs  of  the  city;  and  may 
by  majority  vote  of  all  the  members,  remove  any  such 
officer  or  employee ;  and  may  by  resolution  or  other- 
wise prescribe,  limit,  or  change  the  compensation  of 
such  officers  or  employees. 

[239] 


DETHRONEMENT   OF  THE   CITY   BOSS 

Sec.  i  i . — The  mayor  shall  have  an  office  at  the  City 
Hall,  and  shall  devote  to  the  duties  of  his  office  at 
least  six  hours  of  his  time  each  business  day;  and 
shall  receive  a  salary  of  three  thousand  (3000)  dol- 
lars per  year,  payable  in  equal  monthly  instalments. 
Each  commissioner  shall  receive  a  salary  of  two  thou- 
sand (2000)  dollars  per  year,  payable  in  equal 
monthly  instalments. 

Every  other  officer  or  assistant  shall  receive  such 
salary  or  compensation  as  the  commission  shall  by 
ordinance  provide,  in  equal  monthly  instalments. 

The  salary  or  compensation  of  all  other  employees 
of  such  city  shall  be  fixt  by  the  commission,  and  shall 
be  payable  monthly,  or  at  such  shorter  periods  as  the 
commission  shall  determine. 

Sec.  12. — Regular  meetings  of  the  commission 
shall  be  held  on  the  first  Monday  after  the  election  of 
commissioners,  and  thereafter  at  least  once  each 
month.  The  commission  shall  provide  by  ordinance 
for  the  time  of  holding  regular  meetings,  and  special 
meetings  may  be  called  from  time  to  time  by  the  mayor 
or  two  commissioners.  All  legislative  meetings  of 
the  commission,  whether  regular  or  special,  shall  be 
open  to  the  public,  and  all  other  meetings,  at  which 
any  person  not  a  city  officer  is  admitted,  shall  be  open 
to  the  public. 

[240] 


THE   CHARTER   DEFEATED   IN    1906 

The  mayor  shall  be  president  of  the  commission 
and  preside  at  its  meetings ;  the  superintendent  of  the 
Department  of  Accounts  and  Finances  shall  be  vice- 
president  of  the  commission,  and  in  case  of  vacancy 
in  the  office  of  mayor,  or  the  absence  or  inability  of 
the  mayor,  shall  perform  the  duties  of  mayor. 

Sec.  13. — Every  ordinance  or  resolution  appropri- 
ating money  or  ordering  any  street  improvement  or 
sewer,  or  making  or  authorizing  the  making  of  any 
contract,  or  granting  any  franchise  or  right  to  occupy 
or  use  the  streets,  highways,  bridges  or  public  places 
in  the  city  for  any  private  purpose,  shall  be  completed 
in  the  form  in  which  it  is  finally  passed,  and  remain 
on  file  with  the  city  clerk  for  public  inspection  at  least 
one  week  before  the  final  passage  or  adoption  thereof. 
No  franchise  or  right  to  occupy  or  use  the  streets, 
highways,  bridges,  or  public  places  in  any  such  city 
shall  be  granted,  renewed,  or  extended  except  by  or- 
dinance; every  such  ordinance  shall  provide  for  rea- 
sonable and  adequate  compensation  to  the  city,  and 
every  such  franchise  or  grant  must  be  authorized  or 
approved  by  a  majority  of  the  electors  voting  thereon 
at  a  general  or  special  election. 

Sec.  14. — No  officer  or  employee,  elected  or  ap- 
pointed in  any  such  city,  shall  be  interested  directly  or 
indirectly,  in  any  contract  or  job  for  work  or  mate- 
[241] 


DETHRONEMENT   OF  THE   CITY   BOSS 

rials,  or  the  profits  thereof,  or  services  to  be  furnished 
or  performed  for  the  city;  and  no  such  officer  or  em- 
ployee shall  be  interested,  directly  or  indirectly,  in  any 
contract  or  job  for  work  or  materials,  or  the  profits 
thereof,  or  services  to  be  furnished  or  performed  for 
any  person,  firm  or  corporation  operating  a  railway, 
interurban  railway,  street  railway,  gas  works,  water 
works,  electric  light  or  power  plant,  heating  plant, 
telegraph  line,  telephone  exchange,  or  other  public 
utility  within  the  territorial  limits  of  said  city.  No 
such  officer  or  employee  shall  accept  or  receive  di- 
rectly or  indirectly  from  any  person,  firm  or  corpora- 
tion operating  within  the  territorial  limits  of  said 
city  any  railway,  interurban  railway,  street  railway, 
gas  works,  water  works,  electric  light  or  power  plant, 
heating  plant,  telegraph  line,  or  telephone  exchange, 
or  other  business  using  or  operating  under  a  public 
franchise,  any  frank,  free  pass,  free  ticket,  or  free 
service,  or  accept  or  receive,  directly  or  indirectly, 
from  any  such  person,  firm,  or  corporation  any  other 
service  upon  terms  more  favorable  than  is  granted  to 
the  public  generally.  Any  violation  of  the  provisions 
of  this  section  shall  be  a  misdemeanor,  and  every  such 
contract  or  agreement  shall  be  void. 

Sec.  15. — The  commission  shall  by  ordinance  pro- 
vide rules  and  regulations  for  determining  the  quali- 
[242] 


THE   CHARTER   DEFEATED   IN    1906 

fications  and  fitness  of  all  applicants  for  appointment 
or  employment  in  such  city.  All  clerks,  bookkeepers, 
inspectors  of  contract  work,  and  other  employees  in 
non-professional  positions  where  skill  and  special  fit- 
ness are  required,  shall  be  selected  after  competitive 
examination. 

All  officers  and  employees  in  any  such  city  shall  be 
elected  or  appointed  with  reference  to  their  qualifica- 
tions and  fitness,  and  for  the  good  of  the  public  serv- 
ice, and  without  reference  to  their  political  faith  or 
party  affiliations. 

It  shall  be  unlawful  for  any  candidate  for  office  or 
any  officer  in  any  such  city,  directly  or  indirectly,  to 
give  or  promise  any  person  or  persons  any  office,  po- 
sition, employment,  benefit  or  anything  of  value  for 
the  purpose  of  influencing  or  obtaining  the  political 
support,  aid,  or  vote  of  any  person  or  persons. 

Every  elective  officer  in  any  such  city  shall  within 
thirty  days  after  qualifying  file  with  the  city  clerk, 
and  publish  at  least  once  in  a  daily  newspaper  of 
general  circulation  in  such  city,  his  sworn  statement 
of  all  his  election  and  campaign  expenses  and  by 
whom  such  funds  were  contributed. 

Any  violation  of  the  provisions  of  this  section  shall 
be  a  misdemeanor,  and  be  a  ground  for  removal  from 
office. 

[243] 


DETHRONEMENT   OF  THE   CITY  BOSS 

Sec.  16. — The  commission  shall  each  month  print 
in  pamphlet  form  a  detailed  itemized  statement  of 
all  expenses  of  the  city  during  the  preceding  month, 
and  furnish  printed  copies  thereof  to  the  state  library, 
the  city  library,  the  daily  newspapers  of  the  city,  and 
to  persons  who  shall  apply  therefor  at  the  office  of 
the  city  clerk.  At  the  end  of  each  year  the  commisssion 
shall  cause  a  full  and  complete  examination  of  all  the 
books  and  accounts  of  the  city  to  be  made  by  compe- 
tent accountants,  and  shall  publish  the  result  of  such 
examination  in  the  manner  above  provided  for  pub- 
lication of  statements  of  monthly  expenditures. 

Sec.  17. — If,  at  the  beginning  of  the  term  of  office 
of  the  first  commission  elected  in  such  city  under  the 
provisions  of  this  act,  the  appropriations  for  the  ex- 
penditures of  the  city  government  for  the  current 
fiscal  year  have  been  made,  said  commission  shall 
have  power  by  ordinance  to  revise,  repeal,  or  change 
said  appropriations,  and  to  make  additional  appro- 
priations. 

Sec.  18. — In  the  construction  of  this  act  the  fol- 
lowing rules  shall  be  observed,  unless  such  construc- 
tion would  be  inconsistent  with  the  manifest  intent, 
or  repugnant  to  the  context  of  the  statute: 

1.  The  words  "council"  and  "councilman"  or 
"  alderman "  shall  be  construed  to  mean  "  commis- 
[244] 


THE   CHARTER   DEFEATED    IN    1906 

sion  "  or  "  commissioner  "  when  applied  to  cities  of 
the  first  grade  of  the  first  class ; 

2.  When  an  office  or  officer  is  named  in  any  law  re- 
ferred to  in  this  act,  it  shall,  when  applied  to  cities  of 
the  first  grade  of  the  first  class,  be  construed  to  mean 
the  office  or  officer  having  the  same  functions  or  du- 
ties under  the  provisions  of  this  act,  or  under  ordi- 
nances passed  under  authority  thereof; 

3.  The  words  "  city  "  and  "  such  city  "  when  used 
in  this  act  shall  be  construed  to  mean  a  city  of  the 
first  grade  of  the  first  class ; 

4.  The  word  "  franchise  "  shall  include  every  spe- 
cial privilege  in  the  streets,  highways,  and  public 
places  of  the  city,  whether  granted  by  the  state  or  the 
city,  which  does  not  belong  to  citizens  generally  by 
common  right. 

Sec.  19. — The  holder  of  any  elective  office  may  be 
removed  at  any  time  by  the  electors  qualified  to  vote 
for  a  successor  of  such  incumbent.  The  procedure  to 
effect  the  removal  of  an  incumbent  of  an  elective  of- 
fice shall  be  as  follows:  A  petition  signed  by  electors 
entitled  to  vote  for  a  successor  to  the  incumbent  sought 
to  be  removed,  equal  in  number  to  at  least  fifteen  (15) 
per  centum  of  the  entire  vote  for  all  candidates  for  the 
office,  the  incumbent  of  which  is  sought  to  be  removed, 
cast  at  the  last  preceding  general  municipal  election, 
[245] 


DETHRONEMENT   OF  THE   CITY   BOSS 

demanding  an  election  of  a  successor  of  the  person 
sought  to  be  removed,  shall  be  filed  with  the  city  clerk, 
which  petition  shall  contain  a  general  statement  of  the 
grounds  for  which  the  removal  is  sought.  The  signa- 
tures to  the  petition  need  not  all  be  appended  to  one 
paper,  but  each  signer  shall  add  to  his  signature  his 
place  of  residence,  giving  the  street  and  number.  One 
of  the  signers  of  each  such  paper  shall  make  oath  be- 
fore an  officer  competent  to  administer  oaths,  that  the 
statements  therein  made  are  true  as  he  believes,  and 
that  each  signature  to  the  paper  appended  is  the  gen- 
uine signature  of  the  person  whose  name  it  purports  to 
be.  Within  ten  days  from  the  date  of  filing  such  peti- 
tion the  city  clerk  shall  examine  and  from  the  voters' 
register  ascertain  whether  or  not  said  petition  is  signed 
by  the  requisite  number  of  qualified  electors,  and,  if 
necessary,  the  commission  shall  allow  him  extra  help 
for  that  purpose;  and  he  shall  attach  to  said  petition 
his  certificate  showing  the  result  of  said  examination. 
If,  by  the  clerk's  certificate,  the  petition  is  shown  to 
be  insufficient,  it  may  be  amended  within  ten  days  from 
the  date  of  said  certificate.  The  clerk  shall,  within  ten 
days  after  such  amendment,  make  like  examination  of 
the  amended  petition,  and  if  his  certificate  shall  show 
the  same  to  be  insufficient,  it  shall  be  returned  to  the 
person  filing  the  same,  without  prejudice,  however,  to 
[246] 


THE   CHARTER   DEFEATED   IN    1906 

the  filing  of  new  petition  to  the  same  effect.  If  the 
petition  shall  be  found  to  be  sufficient,  the  clerk  shall 
submit  the  same  to  the  commission  without  delay.  If 
the  petition  shall  be  found  to  be  sufficient,  the  commis- 
sion shall  order  and  fix  a  date  for  holding  the  said  elec- 
tion, not  less  than  thirty  days  nor  more  than  forty  days 
from  the  date  of  the  clerk's  certificate  to  the  commis- 
sion that  a  sufficient  petition  is  filed. 

The  commission  shall  make  or  cause  to  be  made  pub- 
lication of  notice  and  all  arrangements  for  holding 
such  election;  and  the  same  shall  be  conducted,  re- 
turned, and  the  result  thereof  declared,  in  all  respects 
as  are  other  city  elections.  The  successor  of  any  of- 
ficer so  removed  shall  hold  office  during  the  unexpired 
term  of  his  predecessor.  Any  person  sought  to  be  re- 
moved may  be  a  candidate  to  succeed  himself,  and, 
unless  he  requests  otherwise  in  writing,  the  clerk  shall 
place  his  name  on  the  official  ballot  without  nomina- 
tion. In  any  such  removal  election,  the  candidate  re- 
ceiving the  highest  number  of  votes  shall  be  declared 
elected.  At  such  election  if  some  other  person  than 
the  incumbent  receives  the  highest  number  of  votes, 
the  incumbent  shall  thereupon  be  deemed  removed 
from  the  office  upon  qualification  of  his  successor.  In 
case  the  party  who  receives  the  highest  number  of 
votes  shall  fail  to  qualify  within  ten  days  after  receiv- 
[247  J 


DETHRONEMENT   OF  THE   CITY   BOSS 

ing  the  notification  of  election,  the  office  shall  be 
deemed  vacant.  If  the  incumbent  receives  the  highest 
number  of  votes,  he  shall  continue  in  office.  The  said 
method  of  removal  shall  be  cumulative  and  additional 
to  the  methods  heretofore  provided  by  law. 

Sec.  20. — All  acts  and  parts  of  acts  inconsistent  with 
the  provisions  of  this  act  are  hereby  repealed,  so  far 
as  they  relate  to  cities  of  the  first  grade  of  the  first 
class. 

Sec.  21. — This  act  being  deemed  of  immediate  im- 
portance, shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  its  publication  in  the  Register 
and  Leader,  the  Des  Moines  Daily  News,  and  the 
Daily  Capital,  newspapers  printed  and  published  at 
Des  Moines,  Iowa. 


[248] 


APPENDIX    E 

THE   PLAN   UPHELD    BY   THE   COURTS 

The  following  is  the  full  text  of  the  opinion  of 
Hon.  James  A.  Howe,  Judge  of  the  District  Court 
of  Iowa  in  and  for  Polk  County,  rendered  November 
23>  I9°7>  anQl  later  affirmed  by  the  state  supreme 
court,  upholding  the  Des  Moines  Plan  as  constitu- 
tionally valid: 

This  case  involves  the  validity  of  what  is  known  as 
the  "  Des  Moines  Plan." 

The  issues  presented  are  raised  by  demurrer,  and 
are  chiefly  constitutional.  That  they  are  of  great  mo- 
ment to  the  present  and  to  the  future  is  conceded. 
They  are  the  outgrowth  of  fundamental  differences 
concerning  municipal  government,  which  find  expres- 
sion in  the  contentions  of  the  respective  parties. 

On  the  one  hand,  it  is  contended  that  municipal  af- 
fairs should  be  divorced  from  politics;  that  the  busi- 
ness of  the  municipal  corporation  should  be  organ- 
ized, systematized  and  managed  like  that  of  a  great 
private  corporation ;  and  that  the  way  to  attain  these 
ends  is  through  a  commission,  invested  with  the 
[249] 


DETHRONEMENT   OF  THE   CITY   BOSS 

power  of  the  municipality,  reserving  to  the  people  the 
privilege  of  recall,  and  the  right  of  the  initiative  and 
referendum. 

On  the  other  hand,  it  is  contended,  that  in  a  repub- 
lic like  ours,  the  best  and  safest  government  is  that  in 
which  the  voice  of  the  people  is  most  potential;  that 
the  power  which  they  possess  is  best  executed  by  their 
direct  representatives;  and  that  the  retention  and  ex- 
ercise by  the  people  of  their  power  in  the  manage- 
ment and  control  of  public  affairs  is,  and  must  ever 
remain,  the  bulwark  of  free  institutions. 

These  differences  are  for  the  people;  to  them,  as 
political  questions,  the  court  is,  and  must  remain  in- 
different. The  sole  mission  of  the  court  is  the  solu- 
tion of  the  legal  problem;  not  whether  the  new  plan 
of  government  is  wise,  or  unwise,  or  better  or  worse 
than  the  old,  but  only  is  it  legal? 


In  Section  7  of  Chapter  48  of  the  acts  of  the 
Thirty-second  General  Assembly,  it  is  provided  that 
"  The  council  shall  have  and  possess  and  the  council 
and  its  members  shall  exercise  all  executive,  legisla- 
tive and  judicial  powers,  now  had,  possessed  and  ex- 
ercised by  the  Mayor,  City  Council,  Board  of  Public 
[250] 


THE  PLAN  UPHELD  BY  THE  COURTS 

Works,  Park  Commissioners,  Board  of  Police  and 
Fire  Commissioners,  Board  of  Water  Works  Trus- 
tees, Board  of  Library  Trustees,  Solicitor,  Assessor, 
Treasurer,  Auditor,  City  Engineer,  and  other  execu- 
tive and  administrative  officers  in  cities  of  the  first 
class,  and  cities  acting  under  special  charter."  It  is 
contended  that  this  act,  by  reason  of  this  provision,  is 
in  contravention  of  Article  4,  Section  4,  of  the  Con- 
stitution of  the  United  States,  which  provides  that 
"  The  United  States  shall  guarantee  to  every  state  in 
this  Union  a  republican  form  of  government." 

There  has  been  much  discussion  in  this  case  con- 
cerning what  constitutes  a  republican  form  of  gov- 
ernment; many  definitions  have  been  presented,  and 
many  authorities  cited,  only  to  disclose  the  fact  that 
there  is  a  wide  difference  of  opinion  on  the  subject 
among  lexicographers  and  law  writers.  The  definition 
probably  more  generally  accepted  than  any  other  is 
that  given  by  Judge  Cooley  in  his  Principles  of  Con- 
stitutional Law,  who  says :  "  By  republican  form  of 
government  is  understood  a  government  by  representa- 
tives chosen  by  the  people ;  and  it  contrasts  on  one  side 
with  a  democracy,  in  which  the  people  or  community 
as  an  organized  whole  wield  sovereign  powers  of  gov- 
ernment, and  on  the  other  side  with  the  rule  of  one 
man,  as  king,  emperor,  czar  or  sultan,  or  with  one  class 
[251] 


DETHRONEMENT   OF   THE   CITY   BOSS 

of  men,  as  an  aristocracy."  Cooley's  Principles  of 
Constitutional  Law,  2nd  Edition,  page  202.  It  is  doubt- 
ful, tho,  if  a  better  or  more  comprehensive  definition  of 
our  system  of  government  was  ever  given  than  by 
Abraham  Lincoln  when  he  described  it  as  "  A  gov- 
ernment of  the  people,  by  the  people,  for  the  people." 

In  determining  the  meaning  of  this  provision  of 
the  Federal  Constitution  it  is  proper  to  consider  the 
circumstances  under  which  it  was  adopted.  The  pri- 
mary purpose  of  the  statesmen  of  that  period  was  to 
form  a  union  of  the  states.  The  constitutional  con- 
vention labored  for  months  to  the  end  that  it  might 
produce  an  instrument  broad  enough  to  meet  the  re- 
quirements of  all  the  states,  and  at  the  same  time  fair 
and  just  to  their  diversified  interests ;  and  it  accom- 
plished its  purpose.  The  thirteen  original  states  en- 
tered and  were  accepted  into  the  Union  under  the 
constitution  presented  by  the  convention,  notwith- 
standing the  fact  that  some  of  the  towns  of  New 
England  were  governed  by  a  pure  democracy,  and 
notwithstanding  the  further  fact  that  in  the  south 
not  only  towns  but  states  were  governed  in  a  manner 
that  verged  upon  an  aristocracy. 

But  let  us  consider  farther;  the  Constitution  of  the 
United  States  is  a  grant  of  power  to  the  Federal  gov- 
ernment; it  invests  it  with  the  power  which  belongs 
[252] 


THE  PLAN  UPHELD  BY  THE  COURTS 

to  the  United  States.  The  Constitution  of  the  state 
of  Iowa  is  a  limitation  upon  the  power  of  the  state; 
all  rights,  the  exercise  of  which  are  not  expressly,  or 
by  necessary  implication,  prohibited  by  the  instru- 
ment, are  reserved  to  the  people  to  be  exercised  in 
the  manner  prescribed  by  law.  The  provision  of  the 
Constitution  of  the  United  States  invoked  in  this  case 
is  a  guarantee  by  the  Federal  government  to  the 
state ;  and  it  does  not  apply  to  a  city.  Cities  are  un- 
known to  the  National  Constitution.  They  are  or- 
ganized under  the  state  constitution  and  state  laws. 

The  new  plan  provides  for  a  government  by  rep- 
resentatives chosen  by  the  people,  and  is  clearly  re- 
publican in  form,  but  even  tho  it  were  not  it  would 
not  be  affected  by  the  provision  of  the  Constitution 
of  the  United  States  here  invoked,  for  the  reason 
that  municipal  corporations  are  mere  creatures  of  the 
legislature,  and  subject  to  its  control.  State  v.  King, 
2,7  Iowa,  464;  Williams  v.  Eggleston,  170  U.  S.,  304; 
Brown  v.  City  of  Galveston,  75  S.  W.  R.,  448 ;  Hop- 
kins v.  City  of  Duluth,  83  N.  W.  R.,  536;  In  re 
Pfahler,  88  Pac.  Rep.,  270. 

II 

Section   1  of  the  act  in  question  provides,  "  That 
any  city  of  the  first  class,  or  with  special  charter, 
[253  ] 


DETHRONEMENT   OF  THE   CITY   BOSS 

now  or  hereafter  having  a  population  of  25,000  or 
over,  as  shown  by  the  last  preceding  state  census, 
may  become  organized  as  a  city  under  the  provisions 
of  this  act  by  proceeding  as  hereinafter  provided." 
The  Constitution  of  Iowa,  adopted  in  1846,  in  Ar- 
ticle 8,  Section  2,  authorized  the  legislature  to  grant 
special  charters  to  cities.  Under  that  constitution, 
several  special  charter  cities  were  created,  some  of 
which  still  retain  their  charter.  In  the  Constitution 
of  1857  this  provision  was  omitted,  which  in  itself 
was  of  little  importance,  for  the  reason  that  the  legis- 
lature, in  the  absence  of  a  provision  in  relation 
thereto,  possessed  the  power;  but  it  further  provided, 
in  Article  1,  Section  6,  that,  "  All  laws  of  a  general 
nature  shall  have  a  uniform  operation;  the  general 
assembly  shall  not  grant  to  any  citizen  or  class  of 
citizens  privileges  or  immunities,  which  upon  the 
same  terms,  shall  not  equally  belong  to  all  citizens." 
And  in  Article  3,  Section  30,  "  That  the  General  As- 
sembly shall  not  pass  local  or  special  laws  .  .  . 
for  the  incorporation  of  cities  and  towns.  .  .  . 
Where  a  general  law  can  be  made  applicable,  all 
laws  shall  be  general  and  uniform  throughout  the 
state." 

It  is  contended  that  the  act  in  question  is  local  or 
special  legislation  within  the  meaning  of  these  pro- 
[254] 


THE  PLAN  UPHELD  BY  THE  COURTS 

visions  of  the  Constitution.  The  specific  claim  made 
is  that  the  legislature  has  granted  to  the  people  who 
come  within  the  operation  of  the  act  a  privilege  not 
enjoyed  generally  by  the  people  of  the  state;  that 
the  classification  made  is  based  on  population,  and 
that  such  a  classification  is  unconstitutional  and  void. 

The  classification  made  by  this  law  is  not  based 
solely  on  population.  Those  entitled  to  organize  un- 
der it  must  constitute  a  city  of  the  first  class  or  with 
a  special  charter,  and  must  do  the  things  required  of 
them  by  the  terms  of  the  act  to  organize  under  its 
provisions;  unless  these  requirements  are  met  the 
mere  existence  of  the  requisite  number  of  people  does 
not  bring  them  within  its  terms. 

To  constitute  a  valid  classification  two  conditions 
are  requisite;  first,  the  act  must  be  so  framed  as  to 
extend  to  and  embrace  equally  all  persons  who  are  or 
may  be  in  like  situation  or  circumstances;  and,  sec- 
ond, the  classification  must  be  natural  and  reasonable, 
not  arbitrary  or  capricious.  Sutton  v.  State,  96 
Tenn.,  696;  State  v.  Garbroski,  in  Iowa,  496;  State 
ex  rel  West  v.  City  of  Des  Moines,  96  Iowa,  521. 

It  has  long  been  the  policy  of  this  state  to  classify 

its  cities  and  towns  by  population ;  thus  the  statute 

provides  that  every  municipal  corporation  having  a 

population  of  15,000  or  over  shall  be  deemed  a  city 

[255] 


DETHRONEMENT  OF  THE   CITY   BOSS 

of  the  first  class;  that  every  municipal  corporation 
having  a  population  of  2,000  and  less  than  15,000 
shall  be  deemed  a  city  of  the  second  class;  and  that 
every  municipal  corporation  having  a  population  of 
less  than  2,000  is  a  town.  Section  638  of  the  Code. 
Similar  classifications  prevail  in  many  other  states 
and  such  classifications  have  uniformly  been  ap- 
proved by  the  court.  Haskell  v.  City  of  Burlington, 
30  Iowa,  232;  State  v.  Cooley,  58  N.  W.  R.,  150; 
Nichols  v.  Walter,  37  Minn.,  264;  City  v.  Spaude,  37 
Minn.,  322;  Anderson  v.  Sullivan,  75  N.  W.  R.,  8; 
City  ex  rel  Hoagland,  51  N.  J.  Law,  62;  State  v. 
Pond,  6  S.  W.  R.,  469 ;  Owen  v.  Sioux  City,  91  Iowa, 
190. 

Since  the  adoption  of  the  present  constitution  the 
legislature  can  neither  grant  to  a  city  a  special  char- 
ter nor  amend  one  previously  granted.  Ex  parte 
Pritz,  9  Iowa,  30.  But  a  special  charter  city  may 
amend  its  charter  under  the  general  laws.  Von  Puhl 
v.  Hammer,  29  Iowa,  222.  An  act  which  applies 
only  to  special  charter  cities  is  not  a  local  or  special 
law  within  the  meaning  of  the  Constitution.  Haskell 
v.  Burlington,  30  Iowa,  232 ;  State  v.  King,  37  Iowa, 
264;  Ulbrecht  v.  City  of  Keokuk,  124  Iowa,  1.  The 
same  is  true  when  so  limited  as  to  apply  only  to  a 
special  charter  city  organized  since  a  given  date. 
[256] 


THE  PLAN  UPHELD  BY  THE  COURTS 

Owen  v.  Sioux  City,  91  Iowa,  190.  And  it  has  been 
held  that  an  act  applicable  to  all  cities  having  a  popu- 
lation of  over  30,000,  even  tho  there  was  at  that  time 
but  one  such  city,  was  not  local  or  special  legislation. 
Tuttle  v.  Polk,  92  Iowa,  433.  Tho  where  the  act  by 
its  terms  was  limited  to  cities  which  had  a  population 
of  30,000  by  the  census  of  1885  and  there  was  but 
one  such  city,  it  was  held  local  or  special  legislation. 
State  ex  rel  West  v.  City  of  Des  Moines,  96  Iowa, 
52i. 

"  Laws  are  general  and  uniform,  not  because  they 
operate  upon  every  person  in  the  state,  for  they  do 
not,  but  because  every  person  who  is  brought  within 
the  relations  or  circumstances  provided  for,  is  af- 
fected by  the  law.  They  are  general  and  uniform  in 
their  operation  upon  all  persons  in  like  situation,  and 
the  fact  of  their  being  general  and  uniform  is  not 
affected  by  the  number  of  persons  within  the  scope 
of  their  operation."  McAunich  v.  The  M.  &  M.  R. 
R.  Co.,  20  Iowa,  238.  A  law  which  operates  alike 
upon  all  of  a  given  class  is  not  local  or  special  legis- 
lation. U.  S.  Express  Co.  v.  Ellison,  28  Iowa,  370. 
"  It  is  not  necessary  to  an  observance  of  this  provi- 
sion that  the  law  should  operate  uniformly  on  all  the 
people  of  the  state,  nor,  when  the  legislation  apper- 
tains to  cities,  is  it  important  that  it  should  operate 
[257] 


DETHRONEMENT   OF   THE   CITY   BOSS 

uniformly  on  all  cities  throughout  the  state.  But  if 
a  law  is  made  to  operate  upon  a  particular  condition 
as  to  persons  or  property,  and  is  operative  whenever 
and  wherever  the  same  conditions  exist,  affixing  the 
same  consequences,  then  it  is  a  general  law  in  its 
operation,  even  tho  it  only  operates  on  one  of  the 
conditions  or  classes  specified.  To  illustrate,  we 
may  instance  the  laws  regulating  banking,  insur- 
ance, agricultural  societies  and  the  like.  If  a  law  is 
so  framed  that  it  does  and  can  apply  to  but  one  bank, 
company  or  society,  in  its  operation,  it  is  special  legis- 
lation. General  legislation  looks  not  alone  to  the 
present,  but  to  the  future;  and  a  law  which  at  a 
given  time  operate  as  to  only  one  bank,  company  or 
society,  because  there  is  but  one  such,  but  is  so 
framed  as  to  operate  on  the  same  conditions,  when 
and  where  they  arise  in  the  state,  is  a  general  law, 
and  of  uniform  operation."  State  ex  rel  West  v. 
City  of  Des  Moines,  96  Iowa,  521. 

The  constitutions  of  several  other  states  contain  pro- 
visions against  local  or  special  legislation ;  in  some  of 
these  the  language  is  very  similar  to  that  used  in  the 
Constitution  of  Iowa.  In  some  of  the  states  the  au- 
thorities are  in  harmony  with  those  in  our  own  state. 
State  v.  Cooley,  58  N.  W.  R.,  150;  State  ex  rel  Minor, 
81  N.  W.  R.,  912;  Adams  v.  City  of  Beloit,  81  N. 
[258] 


THE  PLAN  UPHELD  BY  THE  COURTS 

W.  R.,  869;  In  re  Cleveland,  7  L.  R.  A.,  431 ;  State 
ex  rel  Hoagland,  51  N.  J.  Law,  62 ;  People  v.  Hoff- 
man, 5  N.  E.  R.,  596;  Lum  v.  Mayor  of  Vicksburg, 
18  S.  Rep.,  476;  State  v.  Bond,  6  S.  W.  R.,  469; 
Owen  v.  Baer,  55  S.  W.  R.,  644.  In  others  it  is  not. 
Appeal  of  Scranton  School  District,  118  Penn.,  176; 
McConihe  v.  McMurray,  17  Florida,  238;  The  Peo- 
ple ex  rel  Cooper,  83  Illinois,  585 ;  De  Vine  v.  Com- 
missioner, 84  111.,  590;  City  of  Reading  v.  Savage, 
120  Penn.  State,  198. 

It  is  said  that  the  Supreme  Court  of  Iowa  has  never 
passed  upon  this  question.  In  a  sense  that  is  true, 
but  it  is  also  true,  that  our  Supreme  Court,  in  con- 
struing these  provisions  of  the  Constitution  has 
placed  upon  them  a  construction  which,  logically 
pursued,  and  applied  to  this  case,  inevitably  leads  to 
the  conclusion  that  the  act  in  question  is  not  local  or 
special  legislation,  within  the  meaning  of  the  Con- 
stitution. 


Ill 


Closely  allied  to  the  question  last  considered  is  the 

claim  that  this  act  violates  Article  3,  Section  1,  of  the 

Constitution    of    Iowa,    which   provides    that :    "  The 

legislative  authority  of  this  state  shall  be  vested  in  a 

[259] 


DETHRONEMENT   OF   THE   CITY   BOSS 

General  Assembly,  which  shall  consist  of  a  Senate 
and  House  of  Representatives." 

Under  this  provision  of  the  Constitution  the  legis- 
lative power  of  this  state  is  vested  in  the  General 
Assembly;  the  people  have  no  power  in  their  primary 
or  individual  capacity  to  make  laws,  and  the  legisla- 
ture cannot  submit  to  the  people  of  the  entire  state 
the  question  whether  a  proposed  act  shall  or  shall  not 
become  a  law.  Santo  v.  State  of  Iowa,  2  Iowa,  164; 
State  of  Iowa  v.  Geebrick,  5  Iowa,  491 ;  Morford  v. 
Unger,  8  Iowa,  82 ;  State  of  Iowa  v.  Beneke,  9  Iowa, 
205;  The  State  v.  Weir,  33  Iowa,  34;  State  v.  King, 
2)7  Iowa,  463 ;  Weir  v.  Cram,  37  Iowa,  649 ;  Barto  v. 
Hemroid  et  al,  8  N.  Y.,  483. 

If,  however,  a  law  has  full  and  absolute  vitality 
when  it  passes  from  the  hands  of  the  legislature,  and 
is  not  dependent  upon  the  act  of  the  people  for  its 
vitality,  the  people  under  the  rule  of  action  therein 
for  their  government,  may  determine  whether  or  not 
a  certain  thing  shall  be  done  under  the  law.  Dalby 
v.  Wolf  et  al,  14  Iowa,  228;  Morford  v.  Unger,  8 
Iowa,  82 ;  Lytle  v.  May,  49  Iowa,  224 ;  State  ex  rel  v. 
Forkner,  94  Iowa,  1 ;  Adams  v.  City  of  Beloit,  47  L. 
R.  A.,  441 ;  Bank  of  Rome  v.  Village  of  Rome,  18  N. 
Y.,  38;  Storin  v.  Town  of  Genoa,  23  N.  Y.,  439; 
Gould  v.  Town  of  Sterling,  23  N.  Y.,  456;  Bank  of 
[260] 


THE  PLAN  UPHELD  BY  THE  COURTS 

Chemong  v.  Brown,  26  N.  Y.,  467 ;  In  re  Cleveland, 
7  L.  R.  A.,  431 ;  State  ex  rel  Hoagland,  51  N.  J.  Law, 
62;  Home  Insurance  Company  v.  Swigert,  104  111., 
653 ;  Owen  v.  Baer,  55  S.  W.  R.,  644 ;  City  of  Bruns- 
wick v.  Finney,  54  Ga.,  317;  County  Commissioners 
v.  Bladenburg,  51  Ind.,  465;  Clark  v.  Rogers,  81  Ky., 
43 ;  Alchorn  v.  Hammer,  38  Miss.,  653 ;  In  re  Mayor 
of  Jersey  City,  52  N.  J.  Law,  188. 

The  statutes  of  this  state  contain  many  provisions  for 
the  submission  to  the  people  of  questions  pertaining  to 
matters  of  local  government,  and  it  would  be  no  less 
than  revolutionary  for  the  court  to  place  upon  this 
provision  of  the  Constitution  a  construction  which 
when  applied  to  the  other  laws  of  that  character,  would 
result  in  all  of  them  being  held  unconstitutional. 


IV 


It  is  alleged  in  the  pleadings  that  Section  7  of  this 
act,  in  conferring  upon  the  commissioners,  "  All  ex- 
ecutive, legislative  and  judicial  powers,"  violates  Ar- 
ticle 3,  Section  1  of  the  Constitution  of  Iowa,  which 
provides  that  "  The  powers  of  the  government  of 
Iowa  shall  be  divided  into  three  separate  departments, 
the  legislative,  the  executive  and  iudicial ;  and  no  per- 
[261] 


DETHRONEMENT   OF   THE   CITY   BOSS 

son  charged  with  the  exercise  of  powers  properly  be- 
longing to  one  of  these  departments,  shall  exercise 
any  function  appertaining  to  either  of  the  others,  ex- 
cept in  cases  hereinafter  expressly  directed  or  per- 
mitted." 

This  question  is  not  difficult  of  solution.  In  fact, 
what  is  here  complained  of  has  heretofore  been  done, 
to  some  extent,  in  this  state,  and  approved  by  our  Su- 
preme Court.  And  it  is  probably  because  of  this  fact 
that  the  claim  made  in  the  pleadings  respecting  this 
matter  has  not  been  more  seriously  urged  in  the  argu- 
ment of  the  case.  In  Santo  et  al  v.  State  of  Iowa,  2 
Iowa,  164  (220),  it  is  said:  That  it  is  objected  "  That 
the  mayor  is  an  executive  officer,  and  that  judicial 
authority  is  conferred  upon  him,  in  conflict  with  that 
provision  of  the  constitution  which  says,  that  no  per- 
son, charged  with  the  exercise  of  powers  properly  be- 
longing to  one  of  these  departments — the  executive, 
legislative,  or  the  judicial — shall  exercise  any  function 
appertaining  to  either  of  the  others.  These  '  depart- 
ments '  are  the  departments  of  the  government  of  the 
State  of  Iowa.  The  mayor  of  the  city  of  Keokuk  is 
not  a  part  of  the  government  of  Iowa.  He  exercises 
none  of  the  functions  belonging  to  that  department. 
Whatever  executive  offices  he  may  perform,  pertain 
to  him  only  as  an  officer  of  that  corporation.  But  we 
[262] 


THE  PLAN  UPHELD  BY  THE  COURTS 

do  not  mean  to  say  that  he  is  an  executive  officer,  in 
any  proper  sense.  Similar  provisions  exist  in  the  con- 
stitution of  all,  or  nearly  all,  the  other  states,  and  yet 
from  time  immemorial,  similar  powers  have  been  con- 
ferred upon  mayors  of  cities.  We  are  of  opinion  that 
the  objection  is  not  well  taken." 

If  this  act  is  unconstitutional  because  the  council 
will  have  both  legislative  and  executive  powers,  and 
authority  to  prescribe  the  functions,  powers  and  du- 
ties, of  the  several  departments  of  the  city  govern- 
ment, then  for  many  years  the  cities  of  this  state  have 
been  proceeding  under  invalid  laws,  for  the  statutes 
of  Iowa  have  long  provided:  "All  legislative  and 
other  powers  granted  to  cities  and  towns  shall  be  ex- 
ercised by  the  councils,  except  those  conferred  upon 
some  officer  by  law  or  ordinance."  Sec.  668  of  the 
Code.  In  addition  thereto  the  council  has  been  au- 
thorized to  fix  and  prescribe  the  duties  of  other  offi- 
cers of  the  city,  including  its  judicial  officers,  save 
and  except  where  the  same  were  fixt  by  law.  Sec. 
666  of  the  Code. 

It  is  obvious  that  this  provision  of  the  Constitution 
relates  only  to  the  government  of  the  state  and  that 
the  government  of  the  city  is  not  affected  thereby. 
The  officers  of  a  city  are  not  a  part  of  the  state  govern- 
ment. Santo  v.  State,  2  Iowa,  165 ;  State  v.  Kirk,  44 
[263] 


DETHRONEMENT   OF   THE   CITY    BOSS 

Ind.,  401 ;  Waldo  v.  Wallace,  12  Ind.,  569 ;  State  v. 
Wilmington  Council,  3  Harr.  (Del.),  294;  State  v. 
Gates,  190  Mo.,  540;  State  v.  Townsend,  78  S.  W.  R. 
(Ark.),  782;  Britton  v.  Steven,  62  Mo.,  370. 


It  is  contended  that  the  election  which,  unless  en- 
joined, will  be  held  for  the  purpose  of  choosing  com- 
missioners pursuant  to  the  provisions  of  this  law,  will 
be  illegal  and  void,  for  the  reasons  as  given ;  first,  that 
the  requirements  of  the  act  relative  to  the  manner  of 
becoming  a  candidate  at  the  primary  election  to  be 
held  for  the  purpose  of  selecting  the  candidates  for 
mayor  and  councilmen,  abridges  the  right  of  the  citi- 
zen to  hold  office ;  and,  second,  that  the  provision  that 
"  No  other  names  shall  be  placed  upon  the  general  bal- 
lot except  those  selected  in  the  manner  "  prescribed, 
deprives  the  elector  of  his  constitutional  right  to  vote 
for  whom  he  pleases. 

The  first  objection  is  based  upon  the  idea  that  the 
right  to  hold  office  comes  within  the  "  privileges  and 
immunities  "  guaranteed  by  the  constitution.  This  is 
an  error.  In  a  recent  case  it  was  held,  that  the  right 
to  hold  office  was  not  contemplated  by  the  constitution. 
[264] 


THE  PLAN  UPHELD  BY  THE  COURTS 

That  this  right  can  be  no  more  a  natural  and  a  per- 
sonal right,  nor  more  sacred,  than  the  right  of  suf- 
frage, and  it  is  the  general  holding  of  the  court  that 
the  right  of  suffrage  is  not  a  natural  and  personal 
right,  but  a  political  and  civil  right.  It  owes  its  ex- 
istence to  the  constitution  of  civil  government,  and  not 
to  the  personality  of  the  individual.  It  is  a  right  which 
is  conferred,  or  limited,  at  the  pleasure  of  the  people 
acting  in  their  sovereign  capacity.  Once  granted  it 
may  be  taken  away  by  the  same  power  that  granted  it, 
and  it  is  therefore  not  a  natural  right,  which  is  held 
inalienable.  Shaw  v.  City  Council  of  Marshalltown, 
131  Iowa,  128. 

The  second  objection  hardly  reaches  the  constitu- 
tionality of  the  law,  for  the  reason  that  if  sustained  it 
would  only  result  in  so  much  of  the  law  as  is  involved 
being  stricken  out,  and  the  substitution  of  the  general 
election  law  in  the  place  of  it;  the  balance  of  the  act 
would  stand.  Santo  et  al  v.  State  of  Iowa,  2  Iowa, 
164;  State  ex  rel  Dillon,  22  L.  R.  A.,  124;  Morford  v. 
Unger,  8  Iowa,  82.  And  let  us  consider  the  situation 
presented ;  in  so  far  as  the  primary  election  feature  is 
concerned  it  simply  prescribes  a  method  of  procuring 
an  official  ballot  for  the  regular  election  which  is  to 
follow.  The  provision  that  no  other  names  than  those 
of  the  candidates  nominated  at  the  primary  election 
[265] 


DETHRONEMENT   OF   THE   CITY   BOSS 

shall  be  placed  upon  the  general  ballot  is  a  limitation 
upon  the  officer  who  makes  up  the  official  ballots,  and 
not  upon  the  voter.  This  act  was  not  intended  as  a 
complete  election  law,  and  provides  that  the  general 
election  laws,  when  applicable  and  not  inconsistent, 
shall  apply  to  the  elections  held  under  it.  It  does  not 
say  that  any  elector  may  not  vote  for  whom  he 
pleases;  and  the  general  election  law,  in  connection 
with  which  it  is  to  be  construed,  expressly  provides 
that  the  voter  may  "  Insert  in  writing,  in  the  proper 
place,  the  name  of  any  person  for  whom  he  desires  to 
vote,  making  a  cross  opposite  thereto."  Sec.  1119  of 
the  Code.  This  secures  to  the  elector  all  of  his  con- 
stitutional rights,  and  the  court  must  therefore  hold 
that  the  act  is  not  unconstitutional  in  this  respect. 


VI 


It  is  provided  in  Section  2  that  upon  petition  pur- 
suant to  its  provisions :  "  The  mayor  shall  by  procla- 
mation submit  the  question  of  organizing  as  a  city 
under  this  act  at  a  special  election,  to  be  held  at  a 
time  specified  therein,  and  within  two  months  after 
said  petition  is  filed."  It  is  alleged  that  "  There  was 
submitted  to  the  vote  of  the  electors  of  Des  Moines 
[266] 


THE  PLAN  UPHELD  BY  THE  COURTS 

at  the  same  special  election,  the  question  as  to  whether 
or  not  money  should  be  appropriated,  taxes  levied,  and 
collected  for  the  purpose  of  erecting  and  building  in 
the  city  of  Des  Moines  a  city  hall/'  And  the  claim  is 
made  that  the  election  at  which  the  electors  of  Des 
Moines  voted  to  organize  under  this  law  was,  because 
of  the  submission  to  them,  of  the  city  hall  proposition 
on  the  same  day,  illegal  and  void. 

There  are  two  kinds  of  elections.  One  a  regular 
election,  or  an  election  at  a  time  fixt  by  law,  and  the 
other  a  special  election,  or  an  election  called  pursuant 
to  law.  The  election  in  question  was  clearly  a  special 
as  distinguished  from  a  regular  election.  The  only  limi- 
tation placed  upon  the  mayor  in  calling  it  was  that  it 
should  be  within  two  months  after  the  petition  was 
filed.  In  view  of  the  many  candidacies  and  other  ques- 
tions which,  under  our  law,  may  be  submitted  to  the 
electors  on  a  regular  election  day  there  seems  to  have 
been  no  impropriety  in  permitting  them  to  pass  on 
these  two  questions  in  one  day,  especially  in  view  of 
the  saving  of  money  and  effort  thereby  accomplished. 
In  fact,  to  do  so,  was  in  harmony  with  that  purpose 
which  has  abolished  annual  and  substituted  biennial 
elections.  There  is  nothing  in  the  law  prohibiting  the 
electors  passing  upon  those  two  questions  on  the  same 
day  and  in  the  absence  of  such  a  provision  the  court 
[267] 


DETHRONEMENT   OF   THE   CITY   BOSS 

would  not  be  justified  in  holding  the  election  void  on 
this  ground. 


VII 


Sections  18,  19  and  20  relate  respectively  to  the 
"Recall,"  "Initiative,"  and  "Referendum."  These 
sections  are  assailed  as  being  contrary  to  the  require- 
ment of  the  state  Constitution,  that  the  legislative  au- 
thority of  this  state  shall  be  vested  in  the  General  As- 
sembly. 

The  purpose  of  this  action  is  to  enjoin  the  defend- 
ants from  calling  or  holding  an  election  for  the  pur- 
pose of  electing  a  mayor  and  four  councilmen  and  in- 
stalling them  in  office  under  the  new  form  of  govern- 
ment ;  it  has  nothing  to  do  with  anything  involved  in 
any  of  these  three  sections,  which  relate  entirely  to  the 
recall,  initiative  and  referendum.  It  will  not  be  until 
after  the  new  officers  are  elected,  and  the  new  govern- 
ment put  into  operation,  that  any  action  will  be  pos- 
sible under  these  sections  of  the  statute.  This  being 
true  it  necessarily  follows  that  their  constitutionality 
in  no  manner  affects  the  balance  of  the  law,  unless  the 
balance  of  the  law  be,  in  some  manner,  dependent  upon 
their  provisions;  but  it  is  not.  In  so  far  as  this  case 
[268] 


THE  PLAN  UPHELD  BY  THE  COURTS 

is  concerned  these  questions  are  purely  academic,  and 
therefore  are  not  determined. 


VIII 

From  an  early  date  in  the  history  of  this  state  cities 
and  incorporated  towns  have  had  the  power  to  acquire, 
ornament,  improve  and  maintain  pubb'c  parks.  The 
first  park  commission  law,  however,  was  not  enacted 
until  1884,  and  was  known  as  Chapter  151  of  the  Acts 
of  the  Twentieth  General  Assembly.  Since  then,  from 
time  to  time,  the  law  has  been  modified  and  amended, 
until  the  Thirty-second  General  Assembly  repealed  it, 
as  it  then  existed,  and  then  enacted  as  a  substitute 
therefor  Chapter  42  of  the  Acts  of  the  Thirty-second 
General  Assembly,  which  provides  for  the  election 
of  park  commissioners,  who  shall  serve  as  provided 
therein.  Because  of  the  enactment  of  this  statute 
about  the  same  time  and  by  the  same  general  assem- 
bly that  enacted  the  statute  authorizing  the  commission 
plan  of  city  government,  it  is  contended  that  its  opera- 
tion will  not  be  affected  or  suspended  by  the  organiza- 
tion of  the  city  of  Des  Moines  under  the  commission 
plan,  as  provided  in  Chapter  48  of  the  Acts  of  the 
Thirty-second  General  Assembly ;  and  that  the  present 
[269] 


DETHRONEMENT  OF  THE   CITY   BOSS 

park  commissioners  will  continue  in  office  notwith- 
standing such  organization  of  the  city  of  Des  Moines. 

Prior  to  July  4,  1907,  the  former  park  law  as  found 
in  "  Sections  850  and  862  of  the  Code  inclusive,  and 
Sections  850  to  862  of  the  Supplement  to  the  Code  in- 
clusive, and  amendments  thereto,"  existed  and  was  in 
force;  on  that  date,  by  reason  of  its  repeal,  it  ceased, 
and  as  the  result  of  its  enactment  in  lieu  thereof  Chap- 
ter 42  of  the  Acts  of  the  Thirty-second  General  As- 
sembly became  effective.  Since  then,  all  park  commis- 
sioners in  this  state  have  been  acting  under  and  by  au- 
thority of  the  new  instead  of  the  old  park  law. 

Tho  the  new  law  for  the  government  of  cities  be- 
came complete  with  its  publication  on  the  first  day  of 
April,  1907,  and  the  people  of  Des  Moines  have  since 
voted  to  organize  under  it,  the  actual  change  from  the 
old  to  the  new  form  of  city  government  will  not  take 
place  until  "  the  election  of  a  mayor  and  four  council- 
men,"  and  until  such  officers  "  qualify,"  as  provided  in 
the  act.  But  when  so  elected  and  qualified  they  will 
have,  possess  and  exercise  all  the  powers  of  the  munici- 
pal government;  then  all  the  present  offices  cease  and 
determine  by  operation  of  law,  or  may  by  the  act  of  the 
council ;  and  the  operation  of  all  laws  then  existing  in 
relation  thereto  will  be  suspended  while  such  commis- 
sion plan  continues. 

[270] 


THE  PLAN  UPHELD  BY  THE  COURTS 

There  is  nothing  in  Chapter  42  of  the  Acts  of  the 
Thirty-second  General  Assembly  which  indicates  an 
intent  or  purpose  on  the  part  of  the  legislature  to  con- 
tinue the  Board  of  Park  Commissioners  in  any  city 
which  shall  organize  under  the  commission  plan;  on 
the  contrary  Chapter  48  of  the  Acts  of  the  Thirty-sec- 
ond General  Assembly  expressly  abolishes  "  Park  Com- 
missioners," and  creates  a  "  Department  of  Parks  and 
Public  Property,"  at  the  head  of  which  is  placed  one 
of  the  commissioners.  An  office  is  "  A  right  to  exer- 
cise a  public  function  or  employment,  and  to  take  the 
fees  or  emoluments  belonging  to  it."  When  these  rights 
are  taken  from  a  person  such  a  person  ceases  to  be  an 
officer.  When  they  are  bestowed  upon  another,  such 
person  becomes  an  officer.  There  is  no  reason  to  be- 
lieve that  the  legislature  intended  that  the  park  com- 
missioners should  continue  in  office  after  the  commis- 
sion system  of  government  became  effective ;  on  the 
contrary,  there  is  every  reason  to  believe  that  it  did  not 
so  intend.  It  is  a  well  established  rule  that  statutes 
are  to  be  construed  according  to  the  intent  of  the  legis- 
lature. As  is  said  a  "  thing  within  the  intention  is 
within  the  statute,  tho  not  within  the  letter,  and  the 
thing  not  within  the  letter  is  not  within  the  statute 
unless  within  the  intention."  Potter's  Dwar.  St.,  144 ; 
Campbell  Admr.  v.  Wapello  Coal  Co.,  68  Iowa,  751. 
[271  ] 


DETHRONEMENT   OF   THE   CITY   BOSS 

The  real  intent  of  the  statute,  if  it  can  with  reasonable 
certainty  be  ascertained,  will  prevail  over  the  literal 
sense  of  the  words  employed.  Williams  v.  Poor,  65 
Iowa,  414;  State  v.  Garlagh,  76  Iowa,  141;  District 
Twp.  v.  Dubuque,  70  Iowa,  262 ;  Tully  v.  Baubien,  10 
Iowa,  187;  Dilger  v.  Palmer,  60  Iowa,  117;  State  v. 
Sherman,  46  Iowa,  415;  Sexton  v.  Sexton,  129  Iowa, 
487 ;  State  ex  rel  Douglass  County  v.  Drexel,  106  N. 
W.  R.,  791. 

Statutes  enacted  at  the  same  session  of  the  legisla- 
ture should  receive  a  construction,  if  possible,  which 
will  give  effect  to  each.  They  are  within  the  reason  of 
the  rule  governing  the  construction  of  statutes  in  pari 
materia,  which  is  supposed  to  speak  the  mind  of  the 
same  legislature  and  the  words  used  in  each  should  be 
qualified  and  restricted,  if  necessary,  in  their  construc- 
tion and  effect,  so  as  to  give  validity  and  effect  to  every 
other  act  passed  at  the  same  session.  Lewis'  Suther- 
land Statutory  Construction,  268;  White  v.  Meadville, 
177  Pa.  State,  643;  McBrody  V.  Terrell,  84  S.  W.  R.f 
641 :  State  ex  rel  Lum  v.  Archibald,  45  N.  W.  R.,  606; 
Powell  v.  King,  80  N.  W.  R.,  850;  Hawes  v.  Fleigler, 
92  N.  W.  R.,  223.  Had  the  legislature  intended  to  re- 
peal Chapter  48  of  the  Acts  of  the  Thirty-second  Gen- 
eral Assembly,  or  any  part  thereof,  it  would  undoubt- 
edly have  said  so.  Not  having  said  so,  the  court  is 
[  2/-'  J 


THE  PLAN  UPHELD  BY  THE  COURTS 

justified  in  presuming  that  it  did  not  so  intend.  Clearly 
the  park  commissioners  have  been  legislated  out  of  of- 
fice. When  the  new  plan  begins  their  powers  end ;  the 
functions  of  their  offices  are  a  part  of  the  birthright  of 
the  new  system  of  government. 


IX 


Our  system  of  government  does  not  contemplate  ab- 
solute uniformity.  No  two  states  have  the  same  laws, 
nor  have  any  two  cities  the  same  ordinances.  To  re- 
quire that  our  state  laws  be  the  same  as  those  of  Texas 
or  New  Jersey  would  be  inconsistent  with  the  idea  of 
self  government;  and  to  require  that  our  city  ordi- 
nances be  the  same  as  those  of  Davenport  or  Sioux 
City  would  be  equally  as  inconsistent  with  the  idea  of 
self  government.  The  national  government  is  organ- 
ized for  the  purpose  of  regulating  the  affairs  of  the 
nation ;  the  state  government  is  organized  for  the  pur- 
pose of  regulating  the  affairs  of  the  state ;  and  the  city 
government  is  organized  for  the  purpose  of  regulating 
the  affairs  of  the  city.  The  greatest  good  is  best  at- 
tained by  allowing  to  each  the  highest  degree  of  free- 
dom consistent  with  the  rights  of  others;  and  this  is 
best  attained  by  that  just  and  liberal  interpretation  of 
[273] 


DETHRONEMENT   OF  THE   CITY   BOSS 

the  constitution  made  necessary  by  our  diversified  in- 
terests and  changing  conditions. 

This  is  a  test  case.  In  the  final  determination  of 
these  questions  the  judgment  and  wisdom  of  the  Su- 
preme Court  is  assured.  It  is  elementary  that  state 
legislative  power  is  plenary,  and  that  he  who  would 
challenge  a  legislative  enactment  must  be  able  to  spec- 
ify a  particular  provision  of  the  Constitution  which 
deprives  the  legislature  of  the  power  to  pass  the  act; 
also  that  it  is  the  duty  of  the  court  to  reconcile  the 
statutes  with  the  Constitution  when  it  can  be  done  with- 
out doing  violence  to  the  language  of  either,  and  in  all 
cases  of  doubt  the  doubt  must  be  resolved  in  favor  of 
the  constitutionality  of  the  statutes.  Considering  and 
analyzing  this  act  section  by  section  the  court  is  unable 
to  say  that  it  is  in  conflict  with  the  letter  of  the  Con- 
stitution and  therefore  sustains  the  law. 

The  demurrer  of  the  defendants  to  the  petition  of  the 
plaintiff,  and  to  the  intervenors'  petitions  of  interven- 
tion, is  sustained. 


[274] 


INDEX 

Abilene,  Kansas,  adopts  commission  plan,  18. 

Accounts  and  Finance,  powers  and  duties  of  department  of, 
223-225. 

Allen,  Silas  B.,  member  of  Des  Moines  charter  committee,  no. 

American  Municipalities,  League  of,  secretary  of  elected  coun- 
cilman in  Des  Moines,  160-163. 

Anthony,  Kansas,  adopts  the  new  form  of  government,  18. 

Ardmore,  Oklahoma,  adopts  the  plan,  18. 

Ash,  Wesley,  Des  Moines  councilman,  162-167. 

Austin,  Texas,  adopts  Galveston  plan,  18,  21. 

Baily,  Wm.  H.,  takes  part  in  harmony  debate,  108-109;  mem- 
ber of  charter  committee,  no. 

Ballot,  official,  must  be  arranged  alphabetically,  35,  192. 

Beaumont,  Texas,  adopts  Galveston  plan,  18. 

Berkeley,  California,  adopts  modern  charter,  18,  155;  first 
election  final  if  majority,  156. 

Berryhill,  James  G.,  prime  mover  in  introducing  Galveston 
plan  at  Des  Moines,  105,  108,  125;  member  of  charter  com- 
mittee, no. 

Bismarck,  North  Dakota,  adopts  commission  plan,  18. 

Bohemians  raise  race  issue  at  Cedar  Rapids,  111-118;  recon- 
ciled to  new  regime,  123. 

Boise,  Idaho,  adopts  plan,  18. 

Boss,  municipal,  in  state  and  national  politics,  16. 

Boston,  city  of,  adopts  plan  with  radical  modifications,  18, 
152;  contingent  term  for  mayor,  152-153;  merits  of  its  new 
charter,  153-155;  budget  controlled  by  mayor,  155;  empha- 
sizes expert  service,  154. 

[275] 


INDEX 

Bribery,  penalty  for  under  Des  Moines  plan,  194-195. 
Bristol,  Tennessee,  adopts  modified  commission  system,  18. 
Budget  of  Boston  controlled  by  mayor,  155. 
Buffalo,  city  of,  votes  in  favor  of  Des  Moines  plan,  18. 
Bureau  of  Municipal  Research,  New  York,  on  municipal  book- 
keeping, tj. 
Burlington,  Iowa,  adopts  Des  Moines  plan,  18,  149. 

California  constitution  permits  cities  to  frame  own  charters, 
148. 

Campaign  expenses  must  be  reported,  74,  207-208. 

Candidates  for  office,  how  qualified,  35,   189-191. 

Cedar  Rapids,  Iowa,  adopts  Des  Moines  plan,  18,  m-124;  re- 
sults, 24,  180-181. 

Chamberlain,  South  Dakota,  adopts  commission  plan,  18. 

Charlotte,  North  Carolina,  governed  by  commission,  18. 

Charter  committee  appointed  by  Des  Moines  citizens,  no. 

Checks  and  balances  not  needed  under  Des  Moines  system,  142. 

Chelsea,  Massachusetts,  under  commission  plan,  18. 

Cities  which  have  adopted  commission  plan,  list  of,  17-18. 

Civic  pride  stimulated  by  improved  charters,  23,  25,  171,  173- 
174,  178-179.  181. 

Civil  service  rules  enforced  at  Galveston,  171 ;  at  Leavenworth, 
175;  Des  Moines  charter  provisions  for,  203-208;  examina- 
tions must  be  practical,  204;  certain  employees  excepted, 
206-207;  commissioners  to  enforce  merit  system,  81,  82; 
campaign  expenses  must  be  reported,  74,  207-208. 

Clark,  C.  A.,  forecasts  type  of  new  plan,  125-138;  approves 
plan  in  operation,  124. 

Clarksville,  Tennessee,  adopts  modified  commission  plan,  18. 

Coffcyvillc,  Kansas,  adopts  commission  plan,  18. 

Colorado  constitution  liberal   in  charter  provisions,  148,   149. 

Colorado  Springs  commission  a  continuing  body,  155. 

Columbia,  South  Carolina,  adopts  commission  plan,  18. 

Commercial  Club,  Des  Moines,  fosters  charter  movement,  105, 
109,  no. 

[276] 


INDEX 

Commission  form  of  government  borrowed  by  Des  Moines 
from  Galveston,  9;  plan  a  new  force  for  democracy, 
15-24;  origin  of,  17;  list  of  cities  which  have  adopted, 
17-18;  wide  demand  for,  19;  too  early  to  pass  final  judgment 
on,  23 ;  best  results  not  financial,  24-25 ;  general  statement  of 
results,  98-102 ;  specific  results  in  five  cities,  169-181 ;  text  of 
Des  Moines  charter,  185-217;  upheld  by  courts,  249-274; 
plan  once  defeated  in  Iowa  legislature,  106;  text  of  de- 
feated charter,  231-248;  second  attempt  to  secure  charter 
succeeds,  108-110. 

Conaway,  F.  R.,  an  early  Des  Moines  advocate  of  commission 
government,  125. 

Contracts,  officials  forbidden  to  be  interested  in,  201. 

Corporations,  public  service,  relations  with  city  improved 
under  new  regime,  87-91. 

Corpus  Christi,  Texas,  adopts  Galveston  plan,  18,  21. 

Corruption,  causes  of  removed,  92-97 ;  use  of  money  under  Des 
Moines  plan  not  necessary,  53-54. 

Council,  how  organized,  35-36,  197-200;  powers  and  duties  of, 
220-222;  meetings  must  be  public,  36-37,  200;  proceedings 
must  be  in  writing,  37,  196;  publication  required,  37,  208. 

Councilman,  office  of,  subject  to  supervision  by  mayor,  33,  200; 
salary  of,  34,  109. 

Courts  uphold  Des  Moines  plan,  249-274. 

Cummins,  Governor  A.  B.,  originates  double  election  provi- 
sions of  Des  Moines  charter,  158-159. 

Dallas,  Texas,  charter  suggested  initiative  and  referendum  to 

Des  Moines,  9;  adoption  of,  18,  21. 
Dangers  in  small  governing  body  offset  by  direct  responsibility, 

143-145- 
Dell  Rapids,  South  Dakota,  adopts  commission  plan,  18. 
Democracy  fortified  by  Des  Moines  system,  65-72. 
Dennison,  Texas,  adopts  Galveston  plan,  18,  21. 
Departments,  municipal,  how  organized,  34;  may  make  rules 

and  regulations,  230. 


INDEX 

Des  Moines,  charter  of,  evolved  from  local  experience,  io-ii; 
pertinent  facts  about  city  of,  26-32;  literature  of  new  plan 
extensive,  13;  a  southern  plan  adapted  to  northern  ideals, 
21 ;  varies  radically  from  Galveston  plan,  though  based  on 
it,  22 ;  best  results  of  new  system  not  financial.  24-25 ;  general 
statement  of  results,  98-102;  specific  benefits  in  five  cities, 
176-180;  text  of  charter  defeated  in  1906,  231-248;  text  of 
Des  Moines  plan  as  adopted  by  legislature  and  city,  185- 
217;  allotment  of  duties  under,  220-230;  new  plan  upheld 
by  courts,  249-274;  Des  Moines  plan  ticket,  known  as  the 
"slate,"  defeated,  150-163;  double  elections  of  1908  and 
1910,  158-168;  recall  provision  amended,  218-219. 

Double  elections  an  original  feature  of  Des  Moines  plan,  10; 
how  conducted  at  Des  Moines,  35,  158-168;  at  Cedar  Rapids, 
112-117;  compared  with  Grand  Junction  preferential  voting 
system,  159,  168. 

Earle,  I.  M.,  member  of  Des  Moines  charter  committee,  no. 

Eau  Claire,  Wisconsin,  adopts  commission  plan,  18. 

Election,  double,  an  original  feature  of  Des  Moines  plan,  10; 
how  conducted  at  Des  Moines,  35,  158-168;  at  Cedar  Rapids, 
112-117;  compared  with  Grand  Junction  preferential  voting 
plan,  159,  168. 

Elections,  Des  Moines  charter  provisions  for,  191-194 ;  purity 
of,  how  provisions  for  originated,  10;  returns  must  be  made 
at  city  hall  within  six  hours,  193;  campaign  expenses  must 
be  reported.  74. 

Eliot,  Dr.  Charles  W.,  influential  in  promoting  charter  move- 
ment, 22;  views  on  expert  service  embodied  in  Boston  char- 
ter, 154. 

El  Paso.  Texas,  adopts  Galveston  plan,  18,  21. 

Enid,  Oklahoma,  adopts  commission  plan,  18. 

Epidemic  of  smallpox  stamped  out  at  Cedar  Rapids,  119. 

Etowah,  Tennessee,  adopts  modified  commission  system,  18. 

European  and  American  municipal  government  contrasted,  16, 
66. 

[278] 


INDEX 

Executive,  legislative  and  judicial  powers,  objection  to  com- 
bining in  one  body  answered,  141-142. 

Expenditures,  municipal,  reports  of  required,  208. 

Expenses  of  candidates  nee.d  not  be  large  under  Des  Moines 
system,  53,  54 ;  must  be  reported,  74,  207-208. 

Expert  service  provided  for  under  Des  Moines  plan,  71-72, 
120;  under  Boston  charter,  154;  eminent  engineers  em- 
ployed at  Galveston,  169;  civic  improvement  expert  em- 
ployed at  Cedar  Rapids,  180. 

Finance  and  accounts,  powers  and  duties  of  department  of, 
223-225. 

Financial  results  of  first  year  of  new  plan  in  Des  Moines, 
179;  showing  of  five  cities,  169-181. 

Fort  Worth,  Texas,  adopts  Galveston  plan,  18,  21. 

Franchises  safeguarded,  37,  86-91,  200-201 ;  origin  of  provi- 
sions on,  10;  improved  relations  of  city  to  public  service 
corporations  under  new  plan,  90. 

Free  passes,  free  service  and  preferential  rates  prohibited,  202. 

Galveston,  charter  of,  gave  commission  form  to  Des  Moines, 
9,  104-105;  plan  originated  in  great  flood,  19-20;  results  of 
experiment,  169-172;  how  introduced  in  the  north,  105;  early 
popular  favor  shown  by  Des  Moines  newspaper  inquiries, 
109. 

Gambling  laws  enforced  at  Des  Moines,  163 ;  at  Cedar  Rapids, 
123 ;  at  Galveston,  171. 

Gas  works  of  Des  Moines  under  private  ownership,  30. 

Germany,  municipal  conditions  contrasted  with  those  prevail- 
ing in  America,  66. 

Graft  disappears  under  new  plan  at  Cedar  Rapids,  124,  132; 
at  Des  Moines,  100-101,  178;  at  Galveston,  171;  at  Hous- 
ton, 173. 

Grand  Junction,  Colorado,  preferential  voting  plan,  149-152; 
compared  with  Des  Moines  double  election  system,  159,  168. 

[279] 


INDEX 

Great  Britain,  municipal  government  in,  compared  with  old 

methods  in  America,  66. 
Greenville,  Texas,  adopts  Galveston  plan,  18,  21. 

Hale,  Wm.  G,  gives  valuable  editorial  support  to  Des  Moines 

plan,  107. 
Hamery,  John  L.,  Des  Moines  councilman,  162-167. 
Hanna,  Prof.  J.  R.,  civic  expert,  elected  mayor  of  Des  Moines, 

164-167. 
Haverhill,  Massachusetts,  adopts  commission  plan,  18. 
Houston,  Texas,  first  city  to  follow  Galveston's  example,  18, 

20;  results  accomplished,  24,  172-174. 
Howe,  Hon.  James  A.,  judge  of  district  court,  upholds  Des 

Moines  plan  as  constitutional,  249-274. 
Huron,  South  Dakota,  a  new  charter  city,  18. 
Hutchinson,  Kansas,  adopts  Des  Moines  plan,  18. 

Independence,  Kansas,  adopts  commission  plan,  18. 

Indianapolis  plan,  Galveston  plan  preferred  to  in  Des  Moines, 
107-109. 

Ingham,  Harvey,  editorial  champion  of  commission  plan  at 
Des  Moines,  105,  107. 

Initiative,  Des  Moines  charter  provisions  for,  212-214;  Wiscon- 
sin law  omits,  155. 

Iowa  State  Bar  Association  inaugurates  charter  movement, 
125-138. 

Jackson,  Mississippi,  adopts  commission  plan,  18. 
Johnston,  C.  W.,  an  early  exponent  of  the  new  principle,  125. 
Judicial  powers,  objection  to  combining  with  executive  and 
legislative  answered,  141 -142. 

Kansas  City,  Kansas,  adopts  Des  Moines  plan,  18. 
Keokuk,  Iowa,  now  under  new  system,  18,  149. 

[280] 


INDEX 

Kinne,  Hon.  L.  G.,  outlines  needed  changes  in  Iowa  municipal 
laws  before  Iowa  State  Bar  Association,  126. 

Large  cities,  is  new  system  adapted  to?  42-43,  145-146. 

League  of  American  Municipalities,  secretary  of  an  important 
factor  in  Des  Moines  charter  movement,  160-163. 

Leavenworth,  Kansas,  adopts  Des  Moines  plan,  18;  excellent 
results  reported,  23-24,  174-175. 

Legislative,  executive  and  judicial  powers,  objection  to  com- 
bining in  one  body  answered,  141-142. 

Lewiston,  Idaho,  adopts  commission  plan,  18. 

Los  Angeles,  Des  Moines  charter  provision  for  recall  borrowed 
from,  9. 

MacVicar,  John,  an  issue  in  first  election  under  Des  Moines 
charter,  160-163;  re-elected  councilman,  164-167. 

Marshall,  Texas,  under  commission  government,  18,  21. 

Mandan,  North  Dakota,  adopts  new  system,  18. 

Mathis,  A.  J.,  first  mayor  under  Des  Moines  plan,   162-167. 

Mayor,  office  of,  superior  to  that  of  councilman  under  Des 
Moines  plan,  33,  200;  powers  and  duties  under  organizing 
ordinance,  222-223;  salary  of,  34,  199. 

Meetings  of  council,  200. 

Memphis,  Tennessee,  adopts  commission  plan,  18. 

Merit  system  in  Des  Moines  plan  evolved  from  state  law  al- 
ready in  force,  9-10;  how  applied,  35-36;  charter  provisions 
for,  203-208. 

Miami,  Oklahoma,  adopts  commission  plan,  18. 

Minnesota's  liberal  charter  policy,  148. 

Minot,  North  Dakota,  adopts  new  system,  18. 

Missouri  constitution  gives  large  liberty  in  charter  making  to 
cities,  148. 

Mitchell,  South  Dakota,  adopts  plan,  18. 

Modifications  of  Galveston-Des  Moines  plan  in  other  cities, 

147-157. 
Mt  Vernon,  New  York,  adopts  new  charter,  18. 

[281] 


INDEX 

Municipal  League,  National,  1904  meeting  marks  general  inter- 
est in  Galveston  plan,  18. 

Municipalities,  League  of  American,  secretary  of  active  in 
securing  adoption  of  Des  Moines  plan,  160-163. 

Municipal  Research,  New  York  Bureau  of,  on  city  bookkeep- 
ing, 77- 

Neodcsha,  Kansas,  adopts  commission  plan,  18. 

Nominations,  how  made,  188-190. 

Non-partizan  nominations  and  elections  required  under  Des 

Moines  charter,  50-58,  192;  Boston  charter  provision,  153- 

154- 
New  York  Bureau  of  Municipal  Research  on  city  bookkeeping, 

77- 

Objections  to  Des  Moines  plan  answered,  139-146. 

Officers,  minor,  and  employees  appointed  by  council,  34,  198. 

Oklahoma  constitution  confers  charter  freedom  upon  cities, 

148. 
Ordinances  appropriating  money,  etc,  must  remain  on  file  one 

week  before   final   passage,   201 ;   majority   vote   of  whole 

council  passes,   196;   urgency  measures   require  two-thirds 

vote,  214-215. 
Oregon  constitution  liberal  in  charter  provisions,  148. 
Ottumwa,  Iowa,  commission  plan  first  outlined  there  by  Col.  C. 

A.  Clark,  126. 

Palestine,  Texas,  adopts  Galveston  plan,  18,  21. 

Park  system  of  Des  Moines,  formerly  independent,  now  con- 
trolled by  city,  29. 

Parks  and  public  property,  powers  and  duties  of  department 
of,  228-229. 

Partizanship,  elimination  of  in  Des  Moines  charter  resulted 
from  nation-wide  discussion,  9;  how  effected,  50-57,  192; 
equally  desirable  in  largest  cities,  145-146. 

[282] 


INDEX 

Pierre,  South  Dakota,  adopts  commission  plan,  18. 

Pittsburg,  Kansas,  under  new  system,  18. 

Preferential  voting  plan  of  Grand  Junction,  149-152;  com- 
pared with  Des  Moines  double  election  plan,  159,  168. 

Primary  elections,  Des  Moines  plan  provision,  189-195 ;  Berke- 
ley plan,  155-156,  168;  Grand  Junction  preferential  voting 
substitute,  149-152. 

Prostitution  successfully  dealt  with  at  Des  Moines,  100,  163. 

Protest,  right  of,  in  municipal  legislation,  38,  214-215. 

Public  safety,  powers  and  duties  of  department  of,  225-226. 

Public  sentiment  gains  power  by  election  of  council  by  city 
at  large,  43. 

Public  service  corporations,  relations  of  with  city  improved 
under  new  system,  87-91. 

Publicity,  origin  of  provisions  for,  10;  how  guaranteed  under 
Des  Moines  plan,  74-79. 

Quarantine  regulations,  ignored  under  old  system,  enforced 
under  new  plan,  119. 

Rapid  City,  South  Dakota,  adopts  commission  plan,  18. 

Read,  John  M.,  member  of  Des  Moines  charter  committee,  no. 

Recall,  Des  Moines  charter  provision  for  borrowed  from  Los 
Angeles,  9;  text  of  provision,  209-212,  218-219;  how  ap- 
plied, 38. 

Receipts  and  expenditures,  reports  of  required,  208. 

Referendum,  Des  Moines  charter  provisions,  212-215;  was  an 
enlargement  of  right  already  enjoyed  under  state  law,  9; 
how  applied,  38. 

Removals  for  misconduct,  205. 

Research,  New  York  Bureau  of  Municipal,  on  city  book- 
keeping, 77. 

Responsibility,  official,  established,  58-64;  democracy  strength- 
ened through,  143. 

Richard  City,  Tennessee,  adopts  modified  plan,  18. 

[283] 


INDEX 

Riverside,  California,  under  commission  government,  18. 
Robinson,  Charles  Mulford,  employed  as  civic   improvement 

expert  at  Cedar  Rapids,  180. 
Roswcll,  New  Mexico,  adopts  new  plan,  18. 

Salaries  of  mayor  and  councilmen,  34,  199-200;  compensation 
of  other  officers  and  employees  fixed  by  council,  198-199. 

San  Antonio,  Texas,  under  Galveston  plan,  18,  21. 

San  Diego,  California,  adopts  commission  government,  18; 
favorable  results  reported,  23. 

Sanitary  regulations  enforced  at  Cedar  Rapids,  119,  181;  at 
Galveston,  171 ;  at  Houston,  173. 

Schools  not  under  city  government  at  Des  Moines,  29;  in- 
cluded in  Berkeley  charter,  155-156. 

Schramm,  Charles  \V.,  Des  Moines  councilman,  162-167. 

"Scratchers' "  movement  for  non-partizan  city  government  in 
Des  Moines,  93.  94. 

Shaw,  Albert,  contributes  to  charter  movement,  16. 

Sherman,  Texas,  adopts  Galveston  system,  18. 

Sioux  City,  Iowa,  now  under  commission  government,  18,  149. 

Sioux  Falls,  South  Dakota,  adopts  the  plan,  18. 

"Slates,"  nomination  of  resented  by  Des  Moines  voters,  159- 
163. 

Social  evil  successfully  dealt  with  at  Des  Moines,  100,  163. 

St.  Joseph,  Missouri,  adopts  commission  government,  18. 

Street  railway  system  of  Des  Moines,  30. 

Streets  and  public  improvements,  powers  and  duties  of  depart- 
ment of,  226-228. 

Surrender  of  charter  permitted  after  six  years'  trial,  215-217. 

Tacoma,  Washington,  under  modified  Des  Moines  plan,  18. 
Telephone  systems  of  Des  Moines  consolidating,  30. 
Terminology  of  new  system  not  wholly  satisfactory,  156-157. 
Topeka,  Kansas,  adopts  Des  Moines  plan,  18. 
Tulsa,  Oklahoma,  under  commission  government,  18. 

[284] 


INDEX 

Vermillion,  South  Dakota,  adopts  plan,  18. 
Veto  power,  mayor  has  no,  195. 

Waco,  Texas,  adopts  Galveston  plan,  18. 

Ward  system  abolished,  40-49;  abolition  of  inherent  in  com- 
mission plan,  10;  as  desirable  in  large  as  in  small  cities, 
146;  Boston  charter  does  away  with,  153-154. 

Washington,  city  of,  cited  as  example  of  efficient  government 
by  commission,  133. 

Washington,  state  of,  permits  cities  to  frame  own  charters, 
148. 

Water  supply  of  Des  Moines,  30. 

Whitlock,  Brand,  aids  charter  movement,  22. 

Wichita,  Kansas,  adopts  Des  Moines  plan,  18. 

Wisconsin  law  provides  for  continuing  commission  and  omits 
initiative  and  recall,  155. 

Women's  clubs  helpful  in  solving  civic  problems  in  Des 
Moines,  II. 

Young,  Hon.  Lafayette,  a  loyal  editorial  supporter  of  the  new 
plan  at  Des  Moines,  107. 


[285] 


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